Study On The Obligation Of Physician

With the progress of society and the development of medical technology,in recent years,doctor-patient conflicts have occurred from time to time,and the society’s attention to patients’ rights has been increasing.Patient’s right of informed consent is an important right for patients in medical activities,and the fulfillment of the physician’s obligation to explain is of great practical significance to guarantee the realization of the patient’s right of informed consent.It can not only regulate the doctor’s behavior in medical activities and reduce medical risks,but also ensure the quality of medical services and improve the applicability of laws.However,at present,China’s discussion of the physician’s obligation to explain is not deep enough.In practice,there are still many problems with the physician’s obligation to explain.Therefore,further understanding and analysis of the physician’s obligation to explain is needed,and effective and feasible suggestions can be put forward in legislation and practice.Providing institutional support to alleviate doctor-patient conflicts.The author begins with an overview of the physician’s description obligation,analyzes the meaning and nature of the physician’s description obligation,analyzes the relationship between the physician’s description obligation and the patient’s informed consent,discusses the necessity of the physician’s description obligation,and combs the physician’s description obligation in some countries and regional development context and overview.Then the author makes a detailed analysis of the components of the physician’s description obligation,and discusses the part of civil liability.Finally,in combination with the specific problems that arise in the construction of the physician’s explanation obligation system in China,the author puts forward some legislative and practical suggestions.In addition to the introduction and conclusion,the full text is divided into four parts:The first part is an overview of the physician’s description obligations.First of all,the concept of doctor’s explanation obligation is analyzed.The doctor’s explanation obligation is mainly in medical activities.In order to protect the patient’s right of informed consent,the doctor or medical institution needs to explain to the patient the medical measures,medical risks,alternatives,and get patient consent.Then it analyzes the legal nature of the doctor’s explanation obligation.The academic community generally believes that the doctor’s explanation obligationis a legal obligation and has compulsory effect.Then it analyzes the relationship between the physician’s obligation to explain and the patient’s right to informed consent,and considers that the two are unified.The physician’s obligation to explain is based on the patient’s right to informed consent.Physician’s performance of the obligation guarantees the patient’s right of informed consent.In order to protect the patient’s right to informed consent,the need for physicians to clarify their obligations was emphasized.Finally,taking the United States,Germany,Japan,and China’s Taiwan as examples,the formation and development of physicians’ description obligations in some countries and regions are analyzed,and the development context of physicians’ description obligations in China is combed.In the second part,the physician explains the composition of the obligation.It discusses from the subject,object,content,standard,exception and method of the doctor’s explanation obligation.The first section discusses the subject of physician’s description obligation.The author believes that the subject of physician’s description obligation in China is a medical institution and the physician is the actual performer of the physician’s description obligation.The second section discusses the object of doctors ’description obligations.The objects of doctors’ description obligations in China are mainly patients themselves,close relatives and authorized persons.Section three discusses the content of the physician’s instructions.The content of the doctor’s description obligations in China mainly includes treatment methods,treatment risks,alternative methods,and treatment costs.By comparison,the author believes that the United States,Finland and other countries have a lot of reference points for doctors ’description content,such as doctors’ personal information and economic interests and so on.The fourth section discusses the doctrine of the four standards for physicians to fully fulfill their obligations.The author believes that the compromise standard theory is more appropriate,which can ensure the realization of the patient’s right to informed consent,and will not cause a heavy burden on medical institutions,effectively balance the interests of both doctors and patients.Section five discusses several exceptions to the physician’s obligation to explain.Section six discusses the physician’s written and verbal notification of performance obligations.The third part is the civil liability for breach of the physician’s obligation to explain.Violation of the physician’s obligation to explain can be characterized as an infringement that violates the patient’s right to informed consent,or as a violation of a medical service contract concluded between a doctor and a patient.Therefore,this part discusses the two aspects of tort liability and contract liability,mainly combining specific cases to analyze the constituent elements and legal consequences of different forms of liability.In the fourth part,Chinese physicians explain the problems in the duty system and improvethe countermeasures.The main analysis is that in the legislation of China’s doctor’s obligation system,there are problems such as the object,content and standard of doctor’s statement obligation,the lack of uniformity and clarity,and the lack of meticulous regulations in emergency treatment.And in practice,there are problems such as the content of the informed consent is not standardized and humanized,the medical staff is not aware of the patient’s right to informed consent,and the use of the case in trial is not accurate.Aiming at these problems,the author puts forward corresponding perfect countermeasures.