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Research On The Informed Consent Right Of Patients In Doctor-patient Relationship

Posted on:2019-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:L HeFull Text:PDF
GTID:2346330569489487Subject:legal
Abstract/Summary:PDF Full Text Request
The right of informed consent is a product of western human rights thought.It is derived from citizens’ rights to life and health,freedom,and autonomy.It is a basic right that patients themselves should enjoy in the doctor-patient relationship.However,in China’s current medical environment,due to the lack of medical notification obligations and the weak awareness of the people’s rights,patients and their families know little about this right,resulting in the frequent occurrence of conflicts between doctors and patients in recent years.To solve this contradiction,on the one hand,patients and their families need to pay attention to and will use this right.On the other hand,hospitals and medical personnel are required to do their best to inform them in a timely manner to avoid medical disputes.This article takes the right of informed consent in the doctor-patient relationship as the starting point.Based on a detailed review and full study of the concept and content of the right of informed consent,it reveals the concept and knowledge of the patient’s right to informed consent and civil law in the current medical environment in China.Conflicts and contradictions related to the concept of property rights law and related concepts of criminal law,and put forward the following effective and feasible solutions to such problems: First,the establishment of the right to informed consent in the legislation as the basic rights of citizens and establish its legitimacy to resist illegality Second,to clarify the scope of the subject of the right to informed consent of the patient;Third,to improve the rules for the determination of medical disclosure obligations;Fourth,in the legislative clear distinction between two cases of lack of consent and negligence;Fifth,the use of modern science and technology to save the doctor’s notice Historical records;Sixth.Appoint special personnel to be responsible for pre-unification and post-regulation of the informed consent form;Seventh.Set up special committees in hospitals to resolve conflicts between the right of informed consent and other rights.This article analyzes the right to informed consent in the relationship between doctors and patients,aims to arouse the medical people’s attention to the right of informed consent,and make reasonable use of this right to effectively protect their own interests,thereby alleviating the current tense doctor-patient relationship and reducing medical disputes.The frequency of medical accidents.At the same time,medical personnel and legislators in the medical work environment are also required to actively explore and summarize experiences in their work practices,and to find out the best solutions for resolving medical disputes and reconciling the doctor-patient relationship at the entity level and the program level.We will strive to improve our existing medical system and build a more harmonious and civilized medical environment.
Keywords/Search Tags:informed consent rights, medical behavior, informing obligation, doctor-patient relationship
PDF Full Text Request
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