Study On Exercise Of Patients' Medical Consent

This article starts from the patient's medical consent to exercise medical consent,trying to make a more systematic discussion of the patient's medical consent.The first part of this article gives a brief overview of the patient's medical consent rights: the definition of the patient's medical consent,and the development of the patient's medical consent.At the beginning,in the medical field,medical activities were carried out without the consent of patients.With the advancement of social development and human rights,citizens' awareness of rights and freedoms became stronger,and patients' right to know and consent to medical development also developed.The more I accept the theory of informed consent.Finally,it sorts out the legislative process of patients' medical consent rights in China.The second part of this paper mainly discusses the premise of the medical consent of patients in medical behavior,that is,the medical staff's notification.First,the criteria for medical staff notification are described,which are based on the criteria of reasonable doctors,reasonable patient criteria,specific patient criteria,and compromised standards.After analyzing the advantages and disadvantages of various standards,combined with the actual situation in China,the author is more agreeable to adopt the double standard.Secondly,the scope of medical staff notification is discussed.Medical staff should explain the medical behavior to patients in a language that the patient can understand according to the actual situation.Patients can only exercise their consent if they understand medical behavior.The third part of this paper discusses the subject of the patient's medical consent,and it is also the focus of this paper.The main body of medical consent exercise includes the patient and others acting on their behalf.The patient's medical consent rights are derived from the victim's consent theory,and the medical behavior can cause harm to the human body,and the patient can agree to implement it.However,it is not the case that the patient can exercise this right in any case,so we should judge whether or not the ability to identify is used as a criterion.If the patient cannot exercise his or her rights,then the others can exercise and can be divided into legal agent exercise and entrusted agent exercise.When the legal agent is exercised,it is not of course considered for the benefit of the patient.How to solve the problem when the interests of the patient and the legal agent conflict.China's legislation on the exercise of consent by the agent is almost blank.In this case,we need to learn from the relevant experience of foreign legislation.This section also discusses the situation and problems of others when they are exercising on the basis of the ability to identify.The fourth part of this paper mainly discusses the way the patient's medical consent is exercised.It is divided into written consent and other forms of consent.Written consent is the most common and common situation,but as the times evolve,electronic medical records enter our lives,so written consent should be extended.Other forms of consent are mainly for simple,low-risk medical behaviors,generally with verbal consent or implied consent.The fifth part of this paper discusses the limitations of the patient's medical consent.This includes not infringing on the interests of third parties,prohibiting the abuse of agency rights and restrictions on refusal of treatment.The discussion of the limitations of patients' medical consent rights is also to better protect the interests of patients.