The Dilemma Of Realizing The Right Of Medical Informed Consent And Its Countermeasures

The right to medical informed consent originated in western countries,which is the result of the interaction of some cases,jurisprudence and patient rights movements in medical research and medical practice.It is also the product of the development of personality rights and the advancement of modern medical ethics.The right to medical informed consent means that when a patient receives medical and health services,the medical institution should fully explain its "substantial" medical information such as the patient’s condition,treatment plan,treatment risk and alternative plan.Based on these instructions,patients can independently and without intervention make decisions on whether or not they agree with the treatment behavior with sufficient detailed information.The right to informed consent of medical treatment is based on the fulfillment of the obligation of the medical party to inform,and the patient makes a decision after knowing the diagnosis and treatment information as the ultimate realization of the right.The right to medical informed consent is not only the most essential and basic rights of patients that are inalienable by the government and medical institutions,but also the basis and prerequisite for patients to realize other rights.It has the function of protecting personal dignity and realizing personal choice.The emergence and development of medical right to informed consent and the establishment of the system have a deep historical background and reasons.It contains profound legal philosophy thinking and medical ethics.While focusing on the care of patients’ life,health rights and interests,it also adds the patient’s right to make decisions and meaning.It also adds to the theoretical foundation of patients’ right to self-determination and free expression of their will.The right to medical informed consent also contains a wealth of personality rights,which is a composite right with both positive and negative rights.Human dignity is a kind of intrinsic value and fundamental value of human beings.It gives people autonomy and self,and guarantees their freedom and rationality.This is the justification of the right to medical informed consent.By endowing individuals with the right to make decisions on medical behaviors to ensure respect for their own decisions and choices,the rights and interests of patients can be effectively safeguarded.For a long time,China has been working hard to strengthen the protection of patients’ medical informed consent.However,in recent years,the increasing number of judicial cases and "medical troubles" has gradually shown that the right to medical informed consent has not fully exerted its due effectiveness in clinical medicine and other fields.This also exposed part of the short version of China’s right to informed consent protection.From the perspective of the theoretical development of the right to medical informed consent,the academic community has not reached a consensus on the connotation,right attributes,and theoretical basis of the right to medical informed consent.From the perspective of the development of the right of informed consent in medical treatment,the academic community has not reached consensus on the connotation,right attribute and theoretical basis of the right to informed consent in medical treatment.From the perspective of standard implementation and concept,during the diagnosis and treatment,there are problems such as the medical party’s neglect of the patient’s own subject status,and the doctor’s and patient’s understanding of the informed content.The value conflict between the right to medical informed consent,the family’s right to make decisions on their own,and protective medical measures is their biggest challenge.The protection of patients’ right to medical informed consent has encountered difficulties.This paper holds that,as the main aspect of medical disputes,the dispute of informed consent always involves the value choice of both doctors and patients in the face of specific conflicts of interest.Therefore,when resolving the conflict of rights,we should measure and analyze the value level of different rights and give priority to protecting the human rights and freedom of the patients themselves.Furthermore,it is suggested that the patient’s right of independent decision should be fully respected,and that the patient’s right of informed consent and right of life and health should be upheld over the right to initiate the protective medical measures and the right of the patient’s family to decide on behalf of the patient.Taking the above principles as the inherent logical mainline and value compliance of the response strategy,it puts forward such issues as establishing the subject status of the patient,standardizing the scope and standards of the medical notification obligation,establishing dynamic protection procedures,exploring and refining medical mandatory intervention in special circumstances Suggestions for improving the launch rules of rights.Strive to help patients truly participate in the diagnosis and treatment decisions related to their own life and health rights and personality rights,with a view to maintaining the patient’s right to medical informed consent from the source,reduce doctor-patient disputes,and build a harmonious doctor-patient relationship.