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Exercise of the right of informed consent

Author: LiHuanHuan
Tutor: FengJuPing
School: East China University of Political Science
Course: Legal
Keywords: Informed Consent Exercise Ability to consent His behalf Limit
CLC: D922.16
Type: Master's thesis
Year: 2009
Downloads: 77
Quote: 1
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Abstract


Informed consent means consent capacity of patients with a full understanding of the information disclosed by the medical side, based on a voluntary basis to make a decision whether to agree to such a medical intervention process. Patients in the medical side and the lack of expertise on the gap caused by the asymmetry of information, to correct this asymmetry, reflecting on the protection of vulnerable groups, and respect for human rights on the patient, the law gives the right to informed consent of patients, it is the law the pursuit of fairness, justice and human rights protection, a concrete manifestation of the ultimate value. Informed consent of the patient during a medical procedure the fundamental rights enjoyed by its realization depends on the joint efforts of patients and doctors, which also plays an important role in their families, only a clear patients, doctors, and family members in the exercise of the right to informed consent process position to determine the respective rights and obligations in order to make informed consent be truly protected and respected. In this paper, the meaning of informed consent, nature, under different circumstances the exercise of the right of informed consent, as well as the right to exercise informed consent restrictions and other aspects were discussed, analyzed the legal and practical problems and proposed solutions to these problems opinions. In addition to the introduction and the conclusion, the paper is divided into three chapters: The first chapter is an overview of informed consent, the right to informed consent explores the meaning and nature. Informed consent means the patient aware of their disease-related information, based on a full understanding of the treatment process of the various programs and their risks under the premise of making them agree to accept or refuse the right of a program. Informed consent is the moral rights, but also the absolute power and control over the lives and health benefits is closely related with the patient, informed consent of both doctors and patients need to achieve good communication and mutual respect. The second chapter discusses the exercise of the right to informed consent of the content, including legislative status and problems in different circumstances the exercise of the right of informed consent, informed consent of the families of the exercise of the right reasons and countermeasures. Our law on the exercise of informed consent should be clearly defined who, under different circumstances patients and their families in the exercise of the right to informed consent process status is not clear. Practice families affected by economic factors often instead of exercising informed consent of the patient, the doctor for the purpose of self-protection also tend to seek the consent of their families. To protect the patient's autonomy and right to decide, in principle, the patient should have the ability to consent, by himself the right to exercise informed consent, and only when the patient does not have the ability to consent or from the perspective of the protective measures in the case of health care in order to exercise informed by the family as an agent consent. Chapter III discusses the right to limit the exercise of informed consent, including the patient's limitations and restrictions on agents. When it comes to social and public interests of the patient's informed consent can be reasonable restrictions on the right, and when an agent is not conducive to a decision in the best interests of patients when challenged by other related parties to be excluded, the doctor meets a serious threat to life and health of patients , the patient does not have the ability to consent, the agent's decision will harm the interests of patients when these three conditions, they can directly exercise therapy privileges.

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