Study On The Exceptional Rules Of Patients’ Right To Informed Consent

With the development of social economy,the relationship between doctors and patients has also evolved from a traditional paternalist model to a modern,participatory model.The right to informed consent has also becomes an important right of patients.However,excessive protection of right sometimes harms patients’ life and health interests,in some special cases,it needs to be restricted.From the perspective of biomedical ethics,medical occupation,and the relationship between law and ethics,there is a profound theoretical foundation.Exceptions in the Anglo-American law include therapeutic privilege,medical emergency,and patient’s waiver.Our country’s laws already have provisions for the first two situations,but there are some problems that the provisions are not specific and comprehensive,and the contents of the regulations are not unified.Moreover our country has not stipulated the situation of patient’s waiver which has been widely recognized in the world.Therefore,from the perspective of systematic research,by drawing lessons from foreign situations and scholars’ viewpoints,and using the methods of case analysis,literature analysis and interdisciplinary research,this paper discusses the three situations of protective medical measures,emergency treatment rights and patient’s waiver.In terms of protective medical measures,aiming at the problems existing in tort laws and other regulations of our country,this paper discusses the application of protective medical measures,that is,if the patient suffers from serious illness or psychological fragility,and informing can cause serious adverse effects on his physical and mental health,which is not conducive to his rational decision-making and treatment,then we can reduce the doctor’s obligation to inform.In this case,the disclosure of information to patients by doctors should adhere to specific patient standards.Regarding the applicable objects of protective medical measures,it is considered that the scope and order should be determined in accordance with the general provisions of the Civil Law and the content of the inheritance law.The attributes of liability exemption and the subsequent rules of liability assumption of this measure are clarified.In terms of emergency treatment rights,this paper discusses the criteria for judging emergencies,that is,the patient’s body is in a critical state,if not treated urgently,the patient will die or his health will be seriously damaged.The application of emergency treatment rights has been improved,that is to include the refusal of treatment by the patient and the inconsistency of internal opinions.Thispaper also reflects on the decision-making rules in emergencies,in cases where it is difficult to obtain the patient’s opinions,it is up to the physician to decide on the implementation of emergency treatment,and in cases where the patient refuses,etc,it must be approved by another doctor in the same field.Regarding the restrictions on the application of emergency treatment right,that is,if the patient refuses treatment because he adheres to his own lifestyle,life concept or religious belief,and this choice does not harm other people and public interests,then it should be respected.In terms of patient’s waiver,this paper introduces its development in the world,discusses the necessity of establishing this rule in our country,and probes into the specific application of this rule,including the subject of the exercise of this right and its behavior ability,the content and way of exercising the right,restrictions on the exercise of this right and the rules of assuming responsibility,etc.Through the above research,under the background of the compilation of the Civil Code,this paper puts forward some suggestions for the exceptional rules of informed consent,to promote the unification of legislation,reduce doctor-patient disputes and build a harmonious doctor-patient relationship.