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Study on Physician’s Duty of Disclosure

Author: YeGuangHui
Tutor: ZhangBuWen
School: Southwestern University
Course: Law
Keywords: Description obligations Basic theory Civil liability Perfect
CLC: D922.16
Type: Master's thesis
Year: 2009
Downloads: 23
Quote: 0
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Abstract

In recent years, China's growing medical malpractice, medical liability concern for the whole society, but also for the legal community are discussed. But overall, this is not enough in-depth study, medical liability issues, including many of the obligations or your doctor has not touched or discussed is not sufficient. Doctors do not fulfill accountability, medical information opaque, causing damage to the interests of patients and a lot of medical malpractice. Doctors explain the current domestic and international academic obligations conclusive research has not yet formed, our current legislation is also far from clear and specific. Therefore, it is necessary to delve into the doctor explained theoretically obligation to put forward practical legislative proposals for the effective prevention of benefit to provide a system to resolve medical disputes support. This paper studies the doctors explained the main theoretical obligation to explain a violation of civil obligations described. This paper introduces the U.S. to negligence from intentional tort duty doctor explained the theory of transformation, Germany to bodily injury liability for infringement grounds and building in good faith based on the doctors instructions obligation theory. Obligation on doctors explain theoretical discussion, the author found that although two legal systems with different legal systems, but in the interests of protecting the patient has many similarities, emphasizing the effectiveness of the doctor explained obligation to strengthen the patient's rights protection. On this basis, the author demonstrates that our current system of compulsory medical explanation infringement claims used in patients with more favorable way to protect their own interests. Obligations described in the standard medical thinking, combined with practical experience in various countries, I agree that compromise standard says, this theory both to protect the patient's interests, taking into account the doctor's medical situation, a better balance between the two , is conducive to the actual operation; while the author content of the obligation from the doctor explained, objects, and other aspects of civil liability legislation suggestions for improvement. Indeed, the doctor explained how to deal with exceptions to the obligation, the doctor explained how to determine the content of the obligation, but also should be studied. The paper is divided into five parts. The first part is an overview of volunteer doctors instructions. This section describes the obligations of the doctor explained the concept and characteristics, the characteristics of the main doctors emphasized the particularity of the legal nature and description of duties, and obligations of the development process of your doctor to do a simple comb. The second part discusses the theoretical basis of the doctor explained obligation. This section describes the theory of the formation of volunteer doctors explained the background, their analysis of the U.S. and Germany, the obligation on the doctor explained the basic theory, its legal basis is that the patient's physical inviolability and the right to self-determination, just protected in different ways, Finally the doctor explained obligation expounded the necessity. The third part discusses the doctor explained the standards and obligations content. This section describes the different doctors instructions obligation standard, the respective advantages and disadvantages, in the actual process, the author more agreeable compromise standard says that the doctrine is conducive to the balance between doctors and patients, in the content of the obligation set forth when the doctor explained, summarizes the main content of the obligations described, with emphasis on defining your doctor exceptions to the obligation, which, in law and in practice are worthy of further exploration. The fourth section discusses the obligations violated your doctor civil liability. This section describes the United States and Germany, respectively, breach of the doctor explained Duties and Responsibilities country different results, the U.S. tort liability obligations on doctors instructions on how to define causation, and Elements, Germany on tort liability and contractual liability, and the difference between the constituent elements. Breach of the obligation of the doctor explained constituent elements of civil liability, as well as tort liability and contractual liability on the difference, on this basis, I quite agree with tort liability on the grounds more conducive to the protection of rights and interests of patients. Section V discusses the Chinese doctors explain perfecting legislation obligations. This section sets out our obligations concerning your doctor legislative situation and defects, and on this basis, benefit from the macro-micro two layers Jiu put forward suggestions for improvement. Formulate recommendations from the macro specialized legal norms doctors instructions obligation to protect the interests of the patient's informed. From the microscopic. Clearly stated object, indicating the contents as well as the responsibility of breach of obligations described.

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