| In recent years,the escalation of the contradiction between doctors and patients has been a hot topic for a long time.After the promulgation of the Civil Code,the relevant regulations on patient privacy have made protecting patient privacy a sensitive topic.The right of patient privacy is an extension of the right of privacy.Compared with the general right of privacy,it has its own particularity in the coordination of interests,subject and scope.This also determines that the right of patient privacy is destructive and vulnerable.It should be recognized that my country’s protection of patients privacy rights is insufficient at this stage,and should be flexibly identified according to its inherent particularity.The theoretical research on patients’ privacy rights in our country started relatively late,and the protection of patients’ privacy rights by law has gone through a tortuous course from no legal regulations to vague regulations to clear protection.Before the "Tort Liability Law" was promulgated,the protection of patients’ privacy rights was mainly placed under the right of reputation.After the promulgation of the law,privacy rights were stipulated as specific civil rights.For the first time,the legal status of patients’ privacy rights was clarified in the form of legal provisions.my country has gradually established a patient privacy protection system.The "Civil Code" recognizes the concept of the right to privacy by enumeration,but there are no clear provisions on the connotation,scope,and protection of the right to privacy.Relief can only be provided after the power is damaged.The relevant systemic and institutional provisions Still need to improve.In this context,it is of practical significance to study the legal protection of patients’ privacy.Based on the introduction of cases related to the infringement of patient privacy rights,this article analyzes and summarizes the primary legal issues reflected in the judgment of relevant cases in judicial practice,proposes the concept and content of patients’ privacy rights,and introduces three typical patient privacy rights infringements in detail In this way,the problems existing in the legal protection of patient privacy rights under the current circumstances are presented;at the same time,it introduces the legislative models of other countries outside the territory,discovers the characteristics and commonalities in the legal protection of patient privacy rights in various countries,combs the historical process of the legal protection of patient privacy rights in China,and Finding out the shortcomings,the United States,Germany,Japan and other countries are worthy of reference in many aspects such as the formulation and strong operation of patient privacy laws,and provide ideas for the legal protection of patient privacy in China.Finally,comprehensive judicial cases and social status,from the perspective of the new epidemic,propose solutions to coordinate patients’ privacy rights and the public’s right to know,and public interest conflicts.Combining the background of the mobile medical era,promote patient privacy protection for remote diagnosis and treatment Put forward suggestions to refine the responsibility of patients’ privacy infringement,clarify the scope of compensation for mental damage and reduce the burden of proof for the injured party,and strengthen the awareness of both doctors and patients on the protection of patients’ privacy.Suggestions on many of the above issues... |
