Research On The Right Of Patient's Informed Consent

Recently,the doctor-patient dispute becomes a serious problem in our country.The Medical Paternalism is not fit the development of our society.And we found,the mostly medical lawsuits are about the patient's right of informed consent.Communication and cooperation are so important in this relationship.The duty of doctor's to informed is the foundation of the whole system.And we do not have enough research in this area.So the research to the patient's right of informed consent is very necessary.This thesis is consists of four parts to elaborate this problem.Chapter 1 is introduce the historical origin of the right of patients'informed consent,the background and the rationality of this right.Chapter 2 is the main part of this thesis.I will analysis the basic jurisprudential from six aspects.At first,summarized the right of patients'informed consent.And the right of patients' informed consent based on the duty of the doctor to informed and it is the most important thing in this right.Based on the information they got,the patient could make their own decision,agree or disagree doctor's plan.At some situation,doctor's duty are exempt,for example,the emergency.When doctor failure their duty and impairment patient's right,the patient has the right to claim damages according to the tort liability law.Chapter 3 is to comparison the differences and advantages of the other country,and what we can learn from them.Chapter 4 is reflect on our own,discuss how to complete the right of patients' informed consent in our country,in order to protect patients' right at a better way.And I hope these suggestions will helpful.