On The Exercise And Perfection Of The Right Of Informed Consent Of Patients Undergoing Surgery

Following Xiao Zhijun's refusal to sign the visa in 2007,the Yulin Maternity case caused a great uproar in the society in September of 17.It was also because the pregnant woman was facing a birth crisis,but because of the "refusal" of relatives or close relatives to sign the consent to the operation,The tragedy that led to one corpse and two lives.In the two cases,the difference is more similar,which has to cause people's reflection,if not sign,can not be operated on,who is the subject of signature,why the maternal can not independently decide to perform the operation;The doctor who is responsible for saving lives from injury can't take emergency treatment and so on.Surgery,which means that health workers use special instruments to dissection and suture the patient's body,so as to remove the diseased tissue,repair the body and improve the diagnosis and treatment behavior of the patient.Surgical signature is generally considered to be the civil legal act of consent given by the patient or his close relatives to the informed consent given by the doctor before providing the patients with relevant medical treatment.If we do not sign,we will not operate,which reflects the conflict between law and morality,but after all,it is the conflict of interests between doctors and patients.In the Hippocratic era,as long as the hospital is to proceed from the patient's point of view,it is to seek to maximize the interests of patients,so he can only provide the patients with treatment without informing,or even to deceive patients.In this mode of medical patriarchy,doctors and patients maintain a friendly and trustworthy relationship.But with the change of times,the trust between doctors and patients is getting worse and worse,the balance of interests between doctors and patients can only rely on the rule of law in the end,and re-measure the relationship of rights and obligations between doctors and patients by law."informed consent",as a newly developed principle,is expected to be a "prescription" for the "long-ill doctor-patient relationship".In the course of surgical diagnosis and treatment,the patient ' s informed consent right is emphasized,and the patient ' s rights and interests and the status of the patient are guaranteed through increasing the corresponding description of the medical institution and the medical staff,so as to guarantee the legal rights and interests of the patient and the status of the doctor and patient,which is of great significance to reduce the medical disputes,relieve the contradiction of doctor and patient and promote the harmonious development of the relationship between doctor and patient.However,the provisions of the right to informed consent of patients in our country when undergoing surgical diagnosis and treatment are often found in various administrative regulations and rules,and the Administrative regulations,which are still frequently invoked by the medical authorities,were formulated in 1994 and have not been amended since then.Although the Tort liability Law promulgated in 2010,to a certain extent,regulates the subject and scope of the exercise of the patient's right of informed consent in the course of surgical diagnosis and treatment,and specifies the situation of restriction,it is inevitable that there are still some flaws in the legislation.Of course,these are also reflected in practice one by one.In order to better protect the rights and interests of patients,this subject will combine theory and practical experience,based on the analysis of cases of surgical signature,from the current legal provisions,This paper analyzes the existing risks and causes of patients' informed consent right in operation diagnosis and treatment,and puts forward corresponding measures to solve the problem,hoping that the patients' informed consent power in our country will be further improved and its substantive role will be brought into full play.