Research On Patients'informed Consent Right In Medical Service Contract

As a very important right for patients, the informed consent right makes doctor-patient communicate well to forestall and reduce medical dissensions. In recent years, the phenomenon of medical conflicts occurs frequently, contradiction of doctor-patient has become increasingly prominent. Lack of communication and trust is the main reason for doctor-patient conflicts, and patients' informed consent right as an efficient doctor-patient communication modal should receive adequate attention and protection. At present, our country has been provided for patients' informed consent right in the legislation, but still inadequate. In this paper, study on the problems of current legislation and judicial practice to achieve informed consent of patients better. This paper includes five chapters:The first chapter is the deficiencies in applicable law of informed consent of patients. There are three deficiencies exist in applicable law.The second chapter is the basic theory of patients' informed consent right in medical service contract. From the definition of the medical service contract, analyzes the concept and characteristics of medical service contract; by analyzing the relationship between the informed right and the consent right, defines the meaning of the patient's informed consent, and explores the nature of patients' informed consent right; by analyzing the concept of medical obligation to inform and the relationship between medical obligation to inform and patients' informed consent right.The third chapter is the status and inadequate of patients' informed consent right in the legislation in China. After discussing the current situation of patients' informed consent right in the legislation, the paper analyzes lack of specific legislation in detail.The fourth chapter is the legal liability for infringement of patients' informed consent right. There are contractual liability and tort liability. Contractual liability includes Culpa and breach of contract.The fifth chapter is to improve our informed consent system. Compared to domestic and foreign legislation, learning from foreign legislative experience, our country can establish the principle of the best interests and build a unified system of legal protection. In view of the legislation and practice related to the problems put forward legislative proposals.