Simple Analysis Of Informed Consent Right Of Patients

Informed consent right of patients originated in the early 18th century, developed in the early 20th century, and was confirmed officially in 1981 by the《Declaration on the Rights of Patients》which had passed in the World Medical assembly.Informed consent right of patients in the judicial practice of most countries attracts people’s attention gradually and gets the recognition and protection of the national legislature. Due to China’s particular environment and special national conditions, the protection of informed consent right of patients has a late start and accordingly is inadequate compared with other countries.Through summarizing and analyzing the related laws and regulations about the informed consent right of patients systematically, this paper analyzes the advantages and disadvantages of patients’right protection in China, and proposes some suggestions and measures. Apart from introduction and conclusion, this paper is divided into four parts.The first part presents basic issues about informed consent right of patients in the doctor-patient relationship. First and foremost, analyze the meaning of informed consent right of patients and some of the related theories from the micro aspects. Second, introduce the origin and history of informed consent right of patients in the macro view.The second part is the specific analysis of informed consent right of patients in the doctor-patient relationship. This section is to clarify the legal nature of the informed consent right of patients from such five points of view as the property, subject, specific content, way to exercise, and responsibility and accountability of informed consent right of patients. The third part is about the protection state of the informed consent right of patients domestically and overseas. This part mainly introduces the protection states of the United States, Germany, Japan, Taiwan, and China mainland, because the first three countries and China’s Taiwan region are the typical representative countries in the common law and civil law. Through describing the protection states of the informed consent right of patients in other countries and comparing them with that of China, this part aims to learn something valuable from other countries, which also foreshadows the last part of this paper. The fourth part is to improve the protection of informed consent right of patients. This part is mainly to give some measures to solve the problems proposed in the third part in the protection of informed consent right of patients in China.