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The Right of the Informed Consentin Medical Action

Author: ChenLiang
Tutor: LiXueYao
School: Shanghai Jiaotong University
Course: Legal
Keywords: Medical act The right to informed consent Life autonomy Information Disclosure Power of attorney The right to special medical intervention
CLC: D922.16
Type: Master's thesis
Year: 2011
Downloads: 67
Quote: 0
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Abstract


Society advances in technology , continuous improvement of people's living standards . With the continuous improvement of the material conditions of people's health but also more and more attention . And health care , as the protection of life and health , have gradually become the focus of public opinion . In order to protect people's lives and property of the power to regulate medical practices, to make medicine better serve the people , in recent years , China's health and medical aspects of continuing to adopt a variety of laws and regulations , and contradictions exist in the health care process has also been more and more concern. Medical act to protect human life and health , but in some cases also to the human body itself will cause the result of the infringement . That is to say , the implementation of health behavior , while the risk to endanger the lives and health . Therefore , on certain occasions , and medical treatments must be the meaning of patients or their families agreed to continue implementation of the . Which involves an important patient rights , the right to informed consent . In actual medical practices , informed consent , the exercise of the right is not unlimited , and in some cases is restrained . Real case , the informed consent rights exercised subject to many uncertainties , including the level of capacity in patients with different patients ability to understand the difference , combined with the confusion in the process of information disclosure of the medical side , and many other factors , eventually leading to the medical behavior of smooth progress is hindered. Shortcomings and omissions in existing laws, regulations , and can not help both doctors and patients together out of the woods , leading to the right to informed consent can not become an effective protection of the life and health of patients . How patients can effectively exercise the right to informed consent , making it a weapon to protect the interests of their own life , this topic has been more and more the concern of the community . In this paper, the concept and other aspects of the discourse on the relationship between the right to informed consent and medical practices have made ??considerable interpretation , trying to find some to make up for the reality of the Sino-French bar imperfect method for reference , so as to achieve better let the medical the purpose of serving the people . I hope this article will cause the jurisprudence more concern for the rights and obligations between doctors and patients to discuss how to improve the health care environment through legal means to protect the interests of both doctors and patients , and to create a harmonious relationship between doctors and patients better .

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