Review On The Tort Liability Of Physicians For Breach Of The Obligation To Inform Patients

Article 55 of Tort Law is regarded as the rule of Informed Consent in China,and the physicians are obliged to inform to the patients prior to medical practice,which is to protect the self-determination right of the patients.However,in accordance with the article 17 of the judicial interpretation No.20 in 2017 issued by the supreme court,the condition precedent for the patient to claim the damages is that the patient shall have the physical losses.But the question is whether the interpretation is against the rule of Informed Consent? And how to interpret the components of the liability for the physicians for violating the rule of Informed Consent for the purpose to protect the selfdetermination right of the patients? And how to define the corresponding scope of the damages?This thesis includes five parts.Part one is to introduce the purpose and background of the rule of informed consent stipulated in the article 55 in Tort Law and to bring forward the issues to be further studied about liabilities of the physicians violating the obligation of informing after the analysis of existing researches and laws and regulations.Part two focuses on the disputes among the scholars and judges about the liabilities of the physicians violating the obligation of informing,and analyzes the liabilities of violating the self-determination right of the patients and explain the problems of the existing judicial interpretation.Part three is to review the components of liabilities of the physicians violating the obligation of informing for the purpose to protect the selfdetermination right of the patients.Part four is to explain the scopes of the liabilities of physicians violating the obligation of informing,including the mental damages and material damages and to coordinate the article 55 and article 54 of the Tort Law.