A Study On Achievement Of Patient's Right To Information And Consent

The informed consent, which is an important right for patients during medical treatment, is always used to defend patients' Right of Life and Health, and it could be useful only based on the medical workers'Obligation to Disclose. However, there are more and more disputes arising between the two sides during the medical practices. Although we could find many specifications defining the Informed Consent and the Obligation to Disclose in the Tort Liability Law, most of them are staying still at a theoretical level in which one there's a doubt about rationality and universal application during practices. This article, combined with China's relevant laws and regulations and with a reference of legislative experiences of other countries and practices, brings an original vision of the disputes come from the Informed Consent and the Obligation to Disclose. There are three parts in this article except the abstract and conclusion.The first part, Definition, generation and Development of the Informed Consent. The informed Consent means patients have right to get known the state of illness, doctor's diagnosis, medical treatment, other related information and they have the right to make a positive decision under these conditions during the medical practice. the Informed Consent origins from the case system in Anglo-American law.It bases on the change of the Patient-physician relationship; spring up of the concerns to protect the rights of patients, and the respect for the Right of Personality. It has been generally accepted in the modern societyThe second part, Discussion preparation for confirmation of achievement of patient's right to information and consent. Based on the Tort Liability Law we bring out a detailed process of analysis of the Obligation to Disclose combined with several typical doctor-patient dispute cases. Medical workers are defined as the subject to disclose. We suggest that the right as principal should be specified and graded by the authorities depending on the states of illness and exact medical treatment. The theory of Double Standards should be used as the final yard stick to judge the obligation of disclose for it could balance the relationship between doctor and patient to the full extent. The law should give doctor the right of emergency cardiac care and specify the protection of the responsibility deriving there from.The third part, Information Consent Form. It's generally used during the medical practice for it's based on the inquiry of law, and the written confirmation insured the doctor conduct the obligation of disclose. We made a compare of the content of surgery information consent form between America and China (current edition and the novel edition recommended by the Ministry of Health), and gave some suggestion to consummate, e.q. classification assessment of the intraoperative potential risk, pay more attention to the doctor's obligation to notice the potential risk and the resolve approach in case of the disputes, the confirmation could be printed in duplicate, each party retains on copy, etc.