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On the informed consent of patients the legal protection

Author: Zhang
Tutor: SunYing
School: China University of Political Science
Course: Economic Law
Keywords: Patient The right of informed consent The doctor explained the obligation
CLC: R-051
Type: Master's thesis
Year: 2011
Downloads: 118
Quote: 0
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Abstract


Patients’ right of informed consent is a harmonious doctor-patient relationship in the construction of a prominent problem, in the doctor-patient relationship tense today, has become the focus that the theory circle studies. Violation of the right of informed consent of patients occur, in addition to the patients informed consent right protection is not in place, this allows the patient to the most basic rights of life and health is threatened. The patient’s right of informed consent protects both patient rights and obligations of both doctors, only play role together to make a harmonious doctor-patient relationship.This paper from the patient’s right of informed consent concept, the academic theories are analysed, combined with the Medical Behavior Characterization and classification of patients’ right of informed consent is given the concept, and then combined with the nature of the doctor-patient relationship to the patient’s right of informed consent in nature were clearly, should belong to the civil authority in essence, it should belong to the category of civil rights of personality. The right of informed consent of patients characteristics, mainly introduced including the subject of specific, several patients informed consent right of nature. On the right of informed consent of patients this paper reviewed the history, from ancient Greece to produce the concept of informed consent to the true sense of the right of informed consent is proposed, from merely applied to human subjects of rights to Lisbon world medical conference actually made the right of informed consent of patients, this development is a long process. China’s Tang Dynasty traditional idea is always more influence to the modern, China currently has not a special provision of patients’ right of informed consent law, which also makes our country on the right of informed consent of patients protection remains to strengthen.The second part mainly from the patient’s right of informed consent laws constitute angles to launch the elaboration, specific to as subjects of rights by the patient himself, family members and agents, as well as the subject of duty of medical institutions and medical staff, during the informed consent of patients ability to identify and family status is the focus of discussion. For the power of content mainly from the informed consent right of patients and consent right aspects, but also put forward the practice in some right of informed consent exceptions.The third part is mainly about China s legal protection of patients’ right of informed consent. The article on China’s current physician-patient relationship status is analyzed, pointing out that China’s protection of patients’ informed consent right of the practice barriers, obstacles from the compulsory subject and the subject of rights, but also from the system and the deficiencies of the legislation, in addition to affect our country the doctor-patient relationship normalization factors and doctor-patient mistrust between relations, this is the protection of patients’ informed consent right barrier. For a variety of problems the article points out the way to improve and solve. On this basis, this paper discusses the selection of patients rights, and points out that the selection of the protection of the right to health development should pay attention to.

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