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The Research On The Right Of Patient's Informed Consent

Posted on:2018-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:G Y ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
Since Tort Liability Law promulgated,the civil liability for tort and the methods of remedy,for the right of patient's informed consent,have established in the legal system of our country.The disputes in the right of patient's informed consent in our country are getting more important cause of action among medical litigation.Article Fifty-fifth and Fifty-sixth under Tort Liability Law,which are related to the right of patient's informed consent,are still open to discuss.The research on the deficiency of the said articles is a significant thesis topic to improve the system of the right of patient's informed consent.Through the explanation of the elements and the theoretical basis of the right of patient's informed consent,they are obtained that the best decider of the patient interest is the patient himself and the right of the patient's informed consent belongs to the patient himself.Furthermore,through the analysis of the delegation risks of the close relatives of the patients,the legal agent status in the right of patient's informed consent.Based on analysis of the obligation to disclosure by medical personnel and exceptions of the obligation,finally they are presented that the basic principle of respecting the patient autonomy shall be adhere to,the system of completed elements shall be constructed,and reasonable and the rational interests of the parties shall be balanced.
Keywords/Search Tags:the right of patient's informed consent, Tort Liability Law, obligation to disclosure, disclosure standard
PDF Full Text Request
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