Legal Research On Patient’s Right To Informed Consent

Patient’s right to informed consent in the doctor-patient relationship is the most basic and important right. The medical informing obligation and the medical informed consent build up a contradictory and unified relationship category. In medical cases,the implementation to the patient’s informed consent right must be established at the adequately informed by health care providers. The tort liability of medical informed consent constitutes the essential characteristics of general medical tort liability, and has its own essential character and attribute.For a long time, the medical legislation and practice are in favor of the protection of doctors and medical institutions. The "Tort Liability Law", which has implemented since July 1st, 2010, set up the act of medical tort liability for a special chapter, the first time to defined that patients own the right to know the information about the medical care clearly. The article No.55 and the article No.56 constitute the right to informed consent of the patient by the highest legal authority to protect the source of the law. Combine with the legislative present situation and the cases in the judicial practice, it’s necessary to distinct the exercise authority and the application of the right of agency from legislation in order to release the tense doctor-patient relationship and defend the best benefit of the patients; let the exemption in, for the sake of resolving the conflict between the protection of medical care and the exercise of informed consent right. When the informed right aggrieved, guide the patients apply the appropriate ways of the rights protection mode between the compensation of medical accident damage and personal injury compensation.