Definition 、Analysis And Perfect Of The Right Of Informed Consent

Informed consent is that patients have the right to know the medical information in the process of medical about their own life and health, then they can decide whether accept the treatment or not. Informed consent can divide into two parts: the patients ’ right to know and the patients’ right to agree. The patients ’ right to know is for patients in medical treatment activity independently choose and self-determination in the recognition and respect. For a long time, it does not get substantive safeguard. The doctor let patients sign on the surgical drape, but they do not tell patients the substantial content. Besides, the patients’ right to agree can’t be ensured. Moreover, informed consent is not only involved in the patient’s own rights, but also involves the nation’s collective of the rights of others. So, we must intervene in it. Then we must discuss the medical intervention.The medical intervention is the right of doctors, common law system insists the patient’s autonomy, and the common law countries insist that even it is harmful to the patient’s health, as long as it is voluntary, should be respected. Our country, as a civil law country, insists that patient’s personality right should be protected, but we also should protect the doctor’s right of intervention.Informed consent is a basic right about patients themselves. But so many cases show that: There are so many problems in the process of implementation of informed consent. On the one hand, excessive protection of patients’ rights of informed consent led to the abuse of informed consent. On the other hand, the existing legal system and the hospital cannot be truly effective security informed consent. From the basic concepts and historical evolution, using the method of literature research, case study, thinking and so on, I will discuss the character, content, limit about informed consent, based on the study of informed consent about domestic and foreign, to deepen the understanding of informed consent, and then put forward the suggestions.