A Study On The Obligation Of Doctors To Inform In Medical Services

The obligation to inform the medical party in the related discussion of medical responsibility is always a complex and controversial issue.It takes the right to know the consent of patients as the theoretical basis and is an important criterion for determining whether there is a fault in medical behavior.With the enhancement of patients’ awareness of rights,the medical prescriptions are easily caused by the incomplete performance of their informing obligations in the process of implementing medical services.Article 1219 of the Civil Code is still not complete,the operability is not strong,and there are a little different from other regulations and regulations.In view of this,this article will consider the current status and judicial status of legislative status and judicial status,and refine the four major issues of the obligation system in the medical party notification system,including the scope of the obligation of the medical party.The contents of the special notification obligations are unknown,the obligation of obligations is blurred,and the relevant regulations that lack the responsibility of the notification obligation.The stones of other mountains can attack jade.The medical party informs the obligation system originated from the British and American law countries,and was introduced to the mainland law countries such as Germany and Japan.It has a certain reference value for the improvement of the obligation system in my country to inform the medical system.This article summarizes and sorted out the experience of mature domains,which summarizes and screens from the institutional ideas and legal concepts that is more in line with my country’s national conditions as the revelation,and demonstrates its feasibility through case samples in judicial practice.On this basis,break through four major issues one by one.First of all,the scope of the obligation object and the position of the order of the obligations are proposed;followed by 115 case samples as the research basis for the research basis,and the patient’s risk of not related treatment is included in the category of the medical risk notification category.Among them;third,clearly clear the criteria of the obligation to inform the obligations by sorting out various factors;finally,it selectively draws on the idea of "difference in actual benefits" in the "Full Damage Compensation Theory" to improve the responsibility of the medical party notification of obligations.It is expected that the judgment of relevant medical disputes in judicial practice will provide trial ideas,and promotes the improvement of the obligation system in my country.