Research On The Civil Protection Of Patient's Right Of Informed Consent

At present,the domestic doctor-patient contradictions,corresponding to the number of medical disputes are increasing year by year.with the promotion of people'knowledge literacy and awarenesses of law,as the doctor-patient contradiction occurs,the vast majority of patients will go legal way to get relief,in order to safeguard the legitimate rights and interests of oneself.At the same time,patients from all walks of life in society launched a fierce debate on informed consent right and it caused people pay more attention to their own rights.Knowing little relevant knowledge of medical and legal knowledge,patients are relatively in a weak position.Giving patients the right to informed consent can effectively balance the information asymmetry between the doctor and the patient and ensure the implementation of this right by constructing a legal system.Effectively prevent the expansion of medical rights,to the greatest degree of protection of patient rights and interests,in order to create a civilized and harmonious medical environment.This article starts with the basic concepts of the right of informed consent of patients and clarifies the origin and rights of the patient's right of informed consent and determines the ethical basis and legal basis.It defines the right of informed consent of patients as personality rights,and deepens people's knowledge of patients through the introduction of concepts.The recognition of consent rights helps patients to use the right of informed consent,which is a sword to defend their legal rights.Second,the author clarifies the protection of the informed consent right of the patient by enumerating legal provisions,and explores the legislative status of the patient's right to informed consent from the legislative level,and sorts out legal documents published by the non-litigation case network,and summarizes the patient's knowledge.The judicial status of the right to consent,combined with medical practice,summarizes the social status of the right of informed consent of patients,discovers the problems existing in the civil protection of patients' right to informed consent from the status quo,and finally,according to China's national conditions,addresses existing problems in light of foreign excellent experience.Put forward appropriate suggestions.