The Theory Of Physician's Inform Obligation

The doctor told the obligations are the result of the development of patients right of informed consent. The doctor told an obligation to maximize the protection of patients right of informed consent and independent choice. At present, the frequent occurrence of medical disputes in our country, the doctor-patient relationship is more and more strained, perfecting the inform obligation, the call for to protect the rights of patients is higher and higher.This paper is divided into five parts, the first part mainly introduces and expounds theoretical basis in the inform obligation and existing about the inform obligation system development in our country at present. Focus from the background in the inform obligation, ethical base, to develop research in China and the present situation analysis, elaborated its trajectory and the status quo, tries to find out the problems existing in the system of regulation in the inform obligation in our country.The second part emphasized through the way of empirical research, from the present situation of medical institutions for physicians inform duty, also the case in judicial practice by analyzing and decision, doctors decide how to get judicial practice fails to fulfill its obligations, told last through information collection and classification,finally try to analyses the typed in violation of the inform obligation to physicians.The third part mainly explains the physician told duty standards and limits.Mainly discuss rate inform obligation what doctors determine whether the annotation,and relief in the inform obligation and the limit of the physician discretion.The fourth part mainly on civil liability for physicians in violation of the inform obligation, explore the physician in violation of the inform obligation, whether it belongs to the liability for breach of contract or tort liability according to the different situation of outside and our country separately carries on the analysis of tort and default problems, finally also puts forward the liability concurrence when patients choose tort suit or proceeding the advantages and disadvantages of breach of contract.The fifth part from micro and macro two this article put forward for the improvement of the system in the inform obligation and design. The scope of the proposed explicitly told object scoping near relatives and inform order; Clear what is the adverse effect and the method of told by partitioning the severity of disease classification and the patient's own state; Standardize the true use of informed consent form three angles, from micro design to perfect the system in the inform obligation.Complete medical law from the macro and construct diversified medical dispute resolution mechanism.