The Analysis Of A Case Chen Qin Sued Guangzhou Bauhinia Hospital Violate The Informed Consent Right Of Patient

The right of informed consent is one of the important rights enjoyed by patients.The establishment of the system of informed consent is to ensure and realize the patient's right to self-determination,and it shows respect for the patient's personality rights and right to health,especially in contemporary society that focuses on the individual's legitimate rights and interests.In recent years,medical disputes have frequently broke out and patients' right to informed consent has been violated as one of the triggers for the tension between doctors and patients.Effective protection of the legitimate rights and interests of patients can effectively prevent and reduce the occurrence of medical disputes.Although the general structural framework of China's informed consent system has been established,there are still many flaws,and it seems to be incompetent with respect to the complex social status.Therefore,it is urgent and necessary to improve the system of patients' right to informed consent.This article takes a case of dispute of informed consent as the starting point,combines the provisions of the current system about the right of informed consent of the patients,discusses in detail the deficiencies in the system of the right of informed consent in China,and puts forward some suggestions based on analysis conclusions.The main text is divided into three parts: The first part is the brief introduction of the case,the brief introduction of the case from the occurrence to the trial;the second part is the legal analysis of the focus of the dispute,through the indepth deconstruction of the case to explore the key to trigger the dispute in this case.The third part is the legal thinking triggered by this case.The author analyzes how to improve China's existing right of informed consent system from the legislative level,in the light of the facts of the case,some sound suggestions have been put forward from the three perspectives: the law has not yet been stipulated,there are provisions but not clear,and where the conflict has been specified.Hope to contributing to the related legal construction.