The Realistic Dilemma And The Solution In The Exercise Of The Right Of Informed Consent Of The Parturient Women

Informed consent right of the parturient women is a special type of patient’s informed consent right.By clarifying the theoretical overview of the patient’s informed consent right,this article explained the theoretical basis of the informed consent right of the parturient,analyzed the dilemmas people face in the actual exercise of the right,and focused on the problems about the laws and registrations regarding the application this right.The existing legal norms are relatively limited,the regulations of various departments are relatively chaotic and fragmented,and there are many controversies in the specific exercise of emergency arbitrary treatment,making it impossible to provide effective legal norms and guidelines for medical institutions in medical practice.Hence,the parturient women’s right of informed consent is usually exercised by their spouses or her close relatives;in order to avoid taking responsibility for the possible risks of the parturient women,medical institutions often require their spouses and other family members to sign the informed consent form.In judicial practice,the judiciary generally believes even if the parturient women are conscious and have the ability to express intentions,the signing of the consent form,either from the parturient women or the close relatives,and approval of their spouses or close family members are traded equivalently as the women’s expression of intention.The reasons are mainly manifested in the following aspects:First,the research on the right of informed consent of parturient women is not a top focus of the academic research,and the focus is on the research of the main status of the general patient or the patient’s close relatives in the medical decision.Insufficient attention has been paid to decision-making power of parturient women.The second is the particularity of the right of informed consent of the parturient-fetal benefit.The third is the insufficiency of legal protections for the informed consent right of the parturient.The legislature does not provide special provisions on the right of informed consent.The informed consent right of the parturient can only be expected in the relevant legal provisions of the general patient’s right of informed consent.Uniformity,intricacies,and the lack of specific implementation regulations for emergency and arbitrary treatment in the field of obstetrics and gynecology could not lay sound foundation for providing favorable guidance for medical practice.It even led to medical institutions in designing a relatively low-risk behavior model under the current laws and regulations,resulting in the expansion of the main participants for executing the right of parturient women’s maternal informed consent in medical practice.Upon analyzing the status quo of the exercise of the right of informed consent of the parturient,this paper illustrated the various reasons of how this problem comes into being,combined with the status quo of the legislation and medical practice,then targeted to solve the problems in the exercise of the right of informed consent of the parturient,and provided feasible suggestions for the parturient women.By providing legislative suggestions on the proper exercise of the right of informed consent,this paper aimed to improve the exercise of the informed consent right of the parturient women,starting with theoretically specifying the right of informed consent,then standardizing the exercise of rights,and finally forming a complete and effective legal protection system to clarify the informed consent of the parturient women.This paper also provided regulation suggestions to the ethical review system and tried to improve the specific applicable rules of emergency arbitrary treatment in the field of obstetrics and gynecology by examining the relevant regulations in the case of the parturient women expressing opposition in emergency arbitrary treatment,i.e.refusal of treatment,to balance the right of informed consent of the mother and the fetus.The suggestion is to clarify the specific application of emergency arbitrary treatment when the interests of the mother and the fetus conflict,simplify the application procedures for emergency arbitrary treatment,and give medical staff more discretion.Meanwhile,various legal provisions should be straightened out to construct to construct a complete system of the informed consent right of the parturient women that conforms to judicial logic.Only in this way,can we improve the parturient women’s right of informed consent and solve the problems in the exercise of the right,so as to protect the lawful rights and interests of parturient women.