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Informing Obligation Of Doctor

Posted on:2019-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y TanFull Text:PDF
GTID:2346330545480182Subject:Law
Abstract/Summary:PDF Full Text Request
With the improvement of education and the development of network technology,the overall knowledge level of the people has been continuously enhanced.The original authority of doctors has gradually disappeared,and the relationship between doctors and patients has gradually been equalized from the original position of unequal.Patients'awareness of medical rights is even higher.In the course of medical treatment,patients need to know their condition and medical methods,thus actively participate in their medical decision-making.In the medical process,the doctor should explain to the patient his condition and what kind of medical measures to take,which is a general rule for the doctor's obligation to inform.However,the patient's physical condition is complex and the medical behavior is risky in the medical practice.The law does not specifically describe the contents and the judgment criteria of informing obligation.In the event of a dispute,the doctor often assumes responsibility for damages as a reason for infringement of his right of informed consent if the doctor does not perform medical negligence.Due to the lack of uniform legal provisions,the content of the doctor's informing obligation will be expanded to protect the rights of patients.If too much emphasis is placed on the patient's right to know,it often aggravates the doctor's obligations,which is ultimately not conducive to the development of the medical profession.In medical practice,the patient's family members often play a non-negligible role.There is no specific legal provision regarding the validity of family agency rights.For doctors in the implementation of their obligation to inform the family's agent,in particular,the behavior of the family may be detrimental to the patient's case,how to deal with,the patient's resulting damage to the doctor whether to assume liability for compensation.This is also a problem faced by doctors in fulfilling their informing obligation.This article is divided into three parts for discussion.The first part of the text sorted out the relevant judicial decisions,analyzed the current imperfections of the law provisions of doctors' informing obligation and the controversy that doctors face when they face family agency rights in the course of fulfilling their informing obligation.The second part of the text is a systematic discussion of the issues.The first half is a detailed description of the source,nature,and judgment criteria of the doctor's obligation to inform,and the latter part is an analysis of the effectiveness of such agents and conflicts that arise when decisions are made on behalf of family members.The third part of the text,according to the disputes arising from doctors' obligation to perform their duties,puts forward some basic opinions and treatment methods so that consensus can be reached between doctors and patients to achieve a reasonable balance in the face of patient's autonomy and relatives'decision-making power,which ultimately protect the patient's best interests.
Keywords/Search Tags:Informing obligation, Autonomy, Proxy rights
PDF Full Text Request
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