Discussion On The Medical Inform Errors And Their Liabilities

In recent years, with the social development and progress, the increasing number of medical disputes, and the people's consent and election on the educated youth is also increasing emphasis. In view of this, China's "Tort Liability Act" to make provision for the medical institutions and medical staff on the obligation of informing. But the study found that existing laws and regulations for informed medical errors and their liability provisions are too broad and general, so it is not conducive to practice the application of. This text have three parts discussed the error medical of inform and responsibility .The first part analyzes the medical importance of this obligation. First, medical institutions and medical personnel to fulfill the obligations intended to protect the health of patients with informed consent. In reality, there is asymmetric information between doctors and patients. So, if there is no medical institutions and medical staff to actively inform, the patient's informed consent can not be achieved. The obligation of health care law of immobilization reflects the respect for human rights of patients. Secondly, the obligation of health care is important for medical services contract. Contract the parties have collateral obligation of contract based on the principle of honesty and should have told, cooperation, protection, confidentiality and other. Only to fulfill the obligations of health care if as a medical institution to fulfill the contract obligations. Finally, good communication helps to reduce the number of medical disputes. Although the cause of medical malpractice are many reasons, but after research showed that: More than half of medical malpractice cases is because of inconsistency of understanding between doctors and patients. To solve the inconsistency of understanding is the key to the medical institutions and medical staff actively inform. In addition, from the medical ethics between to solve medical information asymmetry and required to prevent moral hazard experts in the view of responsibility, medical inform obligation also has its important significance. The second part analyzes the errors of this type and responsibility respectively from medical institutions and medical personnel the subjective point of view of intentional or negligent .Subjective fault is divided into two basic forms, Intentional and Negligent. In reality, the medical institutions and medical staff of violating the obligation is based negligence, and intentional is exception. First from the medical institutions and medical staff subjective deliberate violation of duty of medical telling angle discusses its forms and legal consequences. It discusses the fault with the worng inform for situation, classification, judgment standard and legal consequences secondly. The main fault of this error scenario does not tell from the fault, Inform the contents of the error, Inform the object error, Inform the main error, this error in several aspects are discussed. Informed consent right includes two aspects: Fully Informed and Self-determination. The former requires medical institutions and medical staff to inform patients complete medical information. The latter requires patients to inform information must be fully understood based on voluntarily agree to medical treatment. Accordingly, the obligation of the negligent breach of medical responsibility are classified as: Violation of this damage liability information and Violations of informed consent damage liability. The author discussed this issue from the medical institutions and medical personnel shall bear civil liability, administrative liability Perspective.The third part focuses on medical disclosure of errors of the special circumstances and exemptions. When both doctors and patients on medical errors are responsible for this case, constitute a fault on the civil law. This special case, it can reduce the medical institutions and medical staff of tort liability. The obligation of medical exemptions, That is discussed under what circumstances, medical institutions and medical staff did not inform or advise the error, did not constitute infringement case. Some of these cases is the legal requirements of medical institutions and medical personnel can be exempted from the obligation of health care. For example, the law shall be given medical treatment compulsory in the case of rights. Or dangerous is very mild, and almost no likelihood of. Or emergency medical activities, medical units responsible person or authorized signature of the responsible person's consent. Or beyond the medical institutions and medical staff expected the possibility of, Is the current medical standards can not predict and prevent the case. Or that given the need to implement protective measures for health care, and must conceal patients. Also some is China's law does not provided for it, But the author believe that such circumstances, Also should be exempt from medical institutions and medical staff has the obligation of informing. For example, patients take the initiative to voluntarily give up the acceptance of physician notes; And there is evidence that need not be informed.