Research On Legal Issues Before Surgery

Physicians' obligation to perform is the basis and core of modern doctor-patient relationship,and it is the key to maintain the patient's rights and dignity and relieve the contradiction between medical staff and patients.First to place it in the tort liability act of tort liability to pay compensation within a category,is of great significance,is an important means of modern medicine and surgery,so the preoperative inform obligation in the doctor-patient relationship is important and key,but the existing legal regulations on preoperative inform obligation does not read separately,existing rules simple and rough,operability is poor,and the rules for the implementation of the law of the obligation is not clear,lead to theory and practice to the different interpretation,also is the main factor that triggers the doctor-patient contradiction.This article from the introduction to preoperative inform obligation and nature as the breakthrough point,discusses the inform obligation of subject and object and the scope and content of inform obligation,to perfect the legislation Suggestions through the analysis of the foreign precedents,and violation of the cognizance of preoperative medical tort liability in the inform obligation,provide relevant case to solve the train of thought.This paper is divided into four parts:The first part mainly introduces the background of the obligation and the legal significance of informing the obligation before the operation,and discusses the characteristics,nature and the standard of informing the obligation before the operation.Due to the medical service contract established between doctors and patients,the preoperative notification obligation has the meaning;Due to the risk of surgical operation,the preoperative notification of the obligation was given to the legal system,and before the operation,it was suggested to meet the objective medical service standards.The second part,according to the existing law problems in practice,explore the rules for the implementation of the medical inform obligation,let us know whether subject includes only the medical institutions and specific clinical activities carried out on the patient's medical staff;When the patient is unable to inform the object,the family members or close relatives may be notified before the operation.Whether a family member or close relative needs to confirm his or her position when he or she is informed of the object;The content and scope of the preoperative notification should be defined;The existing notification method needs to be improved.In the third part,based on the existing cases of preoperative notification obligation,this paper discusses the significance of reference in combination with the actual situation in China.The fourth part mainly aims at the existing problems of the preoperative notification obligation of our country,and puts forward the legislative idea to unify the existing legal system in China and fill the relevant legal gap.Firstly,the principle of the fulfillment of preoperative notification obligation is clarified.Secondly,thesubject and object of the notification are clarified,the content and scope of the notification are standardized,and the mode of notification and the exceptions are improved.Finally,the article discusses the tort liability determination that violates the preoperative disclosure obligation.