On The Legal Regulation Of The Patient's Right To Informed Consent

Informed consent of patients is suffering party is notified that the case of medical information consent decision of the doctor; Patients have the right to know their physician's diagnosis and treatment methods adopted and the effectiveness of the method, the success rate and complications have learned rights. If the doctors were not entirely made the duty of disclosure or consent, constitutes an improper medical care.Informed consent of patients originated in the West, the concept comes from the Nuremberg trials after World War II. Nuremberg trials, exposing the Nazi doctors in concentration camps forced to accept the inhuman human subjects testing large number of facts in the trial by the "Nuremberg Code" provides that:"the voluntary consent of human subjects is a summary of the necessary" Nuremberg trial, informed consent and clinical gradually applied to the field of doctor-patient relationship.Informed consent of patients is a personal right, is a basic human right, which includes the right to know and agree that the two aspects, with a breadth of content, subject-specific nature of the exercise of a particular object, the process of implementation and limited implementation of features. But in our country have not yet been the majority of medical personnel and patients fully accepted and understood. Doctor-patient relationship is not harmonious in China in recent years, medical disputes, large and not fully established and implemented system in the informed consent of patients.Informed consent of patients is an important part of the current doctor-patient relationship and strengthen the protection of the rights, the rights of patients for the maintenance, prevention and reduce medical disputes, harmonious relations between doctors and patients is important. According to China's legislative situation, in addition to scattered outside the provisions of health regulations, there is no right to informed consent in patients with specific provisions of the system. In recent years, due to informed consent by patients against medical dispute arising out of an upward trend in our present health of the patient or even intensify the contradiction between the two sides. Therefore, the relevant legislation and of the urgent need to strengthen.Currently, patients with informed consent of the lack of harmonization of the protection of the legislative, regulatory mechanisms are relatively weak in this paper the concept of informed consent of patients, characteristics, origin, historical evolution and the mainland of China on the informed consent of patients, and many other relevant provisions of Were analyzed and discussed and relevant research results from abroad, combined with actual cases, on the basis of informed consent of patients to explore theory and system building, hoping to maintain the rights of patients, doctor-patient relationship to rationalize and harmonious development of society play a catalytic role.