Theory Of Patients' Right Of Privacy Protection In Our Country

Nowadays, medical institution has been, in our mind, a place where our privacies are easily exposed. It is the traditional medical model and system that make the privacies of the patients not be protected by the medical institution and lead to a huge number of disputes between the medical institution and the patients. Therefore, the protection of the privacy of the patients becomes the hot spots of society. The medical damage liability was stipulated in the enacted Tort Liability Law, which reflects the significant status of the medical tort in the tort liability law. The privacies of the patients and the commitment of the tort liability are highlighted in the Tort Liability Law, which also break the situation that the privacy of the patients is lack of protection. Compared with the perfect protection of the privacy of patients in foreign countries, the article of the Tort Liability Law in our country still exist shortness. By introducing the definition privacy of patients, types of tort and the disclaimer, also by analyzing the article62of the Tort Liability Law, the author makes recommendations and opinions towards the privacy of patients, in order to enhance the legal system of the privacy of patients, and relieve the disputes between the medical institution and the patients, as well as promoting the healthy development of the medical career.The main idea of the first chapter is the basic definition of the privacy of patients. By the analysis of the background of the proposal and concept of the privacy of patients, as well as the particularity of privacy of patients, it makes the definition of privacy of patients understood by the readers.Chapter two mainly discusses the article62of the Tort Liability Law. On one hand, the paper confirms the legislative value of the provision, and at the same time puts forward the weakness of it by cases. At last, the author comes up with the legal advice hereafter via the analysis of the actuality.Chapter three mainly talks about the legal advice to perfect the privacy of patients. In this part, the author proposes legal advice to protect the privacy of the patients in two aspects, i.e. perfect the legislation and the judicature of the privacy of the patients.