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Analysis Of Legal Protection In Exercising The Right Of Informed Consent Of Patients In China

Posted on:2020-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:J FengFull Text:PDF
GTID:2416330572993953Subject:Law
Abstract/Summary:PDF Full Text Request
Patient's right to informed consent is an important symbol of the shift of doctor-patient relationship from patriarchal doctrine to legal patriarchal doctrine after World War II.Emphasizing and protecting patient's right to informed consent is a respect for patient's human rights in the medical field.In China's medical litigation cases,the proportion of cases caused by infringement of patients' right to informed consent is as high as half of the total.From the signing of Xiao Zhijun in 2007 to the committing suicide of Yulin parturients in 2017,the legal protection system of patients' right to informed consent in China is still in its infancy.Protecting patients' right to informed consent according to law is one of the important ways to effectively reduce doctor-patient disputes.Therefore,it is of great theoretical value and practical significance to explore the legal protection in the exercise of patients' right to informed consent for alleviating the current tense doctor-patient relationship in China.Taking(2017)gui13 minzhong No.720 Ling Hongyuan's case as an example,this paper starts from typical cases of infringement on patients' right to informed consent.Despite of case study,other research methods adopted in this paper are:literature reviewing,comparative study,and so on.Focusing on the hot issues in current doctor-patient disputes,the innovation lies in focusing on the new type of infringement of patients' informed consent right,that is,the abuse of the agency authority of patients' informed consent right,which is different from the traditional doctor-patient ignorance and is gradually becoming an important cause of medical disputes.Based on reviewing general theory of patients' right to informed consent,this paper analyzes the current situation and underlying hypotheses of infringement of patients' right to informed consent in China,and compares the domestic and foreign legislation on patients' right to informed consent.In order to contribute to the development of patients' right to informed consent in our country and promote the improvement of the legal protection system of patients' right to informed consent,this paper puts forward specific and micro-related measures,such as taking pre-established medical instructi,onsinitiating dynamic protection procedures,so as to achieve the goal of promoting harmonious doctor-patient relationship and progress of the rule of law.
Keywords/Search Tags:Patient, Informed Consent Right, Legal Protection
PDF Full Text Request
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