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On the patient 's right to informed consent laws border

Author: JiaoZhiLiang
Tutor: WangWeiGuo
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Informed consent Prohibition of abuse of rights Description obligations Emergency treatment Discretion
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 119
Quote: 3
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Abstract


Recently, based on practice and theory, Tort Law of the People’s Republic of China (hereinafter referred as“the Tort Law”) has clearly defined that patients could enjoy the right of informed consent in the medical treatment. This is undoubtedly a landmark in the field of tort law, and it is helpful to deal with the problem of physician-patient relationship. From another aspect, defining the content and characteristics of the informed consent right also means the Tort Law has limited it. Any rights have boundaries, so does the right of informed consent. Because essentially the hospitals and the patients have the consistent rights, and the Civil Law prohibit abuse of rights, we have to put some limits on the right of informed consent, in order to protect the legal rights of medical institutions. According to the Tort Law, there are some limits, such as, emergency treatment, compulsory treatment based on social interest, the patient giving up the right. Each instruction has its own legal conditions. Because doctors have professional knowledge, and some discretionary behaviors are unavoidable, they have discretion. So how to set boundaries between the discretion and the right of informed consent is a big problem. The key is to define the scale and standard of the obligation of inform. All in a word, setting the boundary between the discretion of the doctors and the right of informed consent is the most important thing, being helpful to deal with the physician-patient relationship and to protect the both parties’interests at the most. So we have to establish and develop the theory of the right of informed consent of patients in our country with legal protection system, in order to provide a fair and harmonious legal environment.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Culture, education, health management Act
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