Study On Patient's Informed Consent Right

The right to life and health have always been the most concerned personality rights.A high quality life can not be separated from a healthy body,and medical activity is one of the most important ways to help people keep and restore health.Along with the progress of the times and the development of science and technology,the level of medical treatment has been improved.Similarly,the relationship between medical institutions and patients is showing different characteristics with the evolution of medical structure.The status of doctor-patient relationship in medicine is not equal.The knowledge of medical professionals and the fact that patients know little about their own condition decide the information asymmetry between doctors and patients in the process of diagnosis and treatment.In order to balance the position of both doctors and patients,the law gives patient the right of informed consent.Different from the more complete protection system in common law countries,there are still various defects in the law about the right of informed consent in our country.This paper mainly includes the following three parts:The first part focuses on the basic theory of the right of informed consent,and introduces the origin and development history in western countries.Secondly,we briefly introduce the evolution of informed consent in China,and compare the provisions of informed consent in different periods,pointing out the deficiency of relevant regulations in medical practice.Finally,it expounds the basic connotation ofinformed consent right,that is,informed consent right can be divided into two aspects:the right to know and the right of consent,but the understanding of its concept should start from the whole.The second part is the exercise of the patient's informed consent right,including the two angles of the patient and the doctor.On the one hand,the subject scope of the informed consent shall be limited to the patient,when the patient does not have the capacity to consent,close relatives of patients can become the subject,and only to exercise the right of informed consent,rather than the agency relationship;On the other hand,we discusses the conflict between the exemption of the informing obligation of the medical staff and the protection of the patient's informed consent right.The third part discusses the civil liability for the infringement of the patient's informed consent right.The constitutive requirements of civil liability are composed of three parts,medical malpractice,damage fact and causality.At last,the extent of damage compensation is expounded.