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Research On The Legal Issue Of Multiple Subjects Infringing On Patients’ Privacy

Posted on:2024-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:C ZhangFull Text:PDF
GTID:2556307055493364Subject:Law
Abstract/Summary:PDF Full Text Request
People are growing increasingly worried the about infringement of patients’ privacy rights as a result of the economy’s and society’s rapid development,and the requests for the violation of patients’ personal liberties in the course of judicial practice have also dramatically increased.At the same time,this social phenomenon also further confirms the further warming of the contradiction between doctors and patients,which has caused an impact on the social order to a certain extent.Thereby further,people have already been disputing and conversing frequently about methods to defend patients’ freedom of confidentiality.As a sub-right of general privacy right,patient privacy right is more unique compared with other types of privacy right in some aspects such as personal dignity and personal closeness.Based on this,it also has a distinct sign of being vulnerable to infringement and difficult to remedy.However,the relevant legal system for the infringement of patient privacy related prior legal protection means and after the legal regulation means not detailed description,and inevitably in the process of judicial practice about patient privacy related issues will appear fuzzy processing standards,lead to different courts in dealing with such problems will appear different processing results,expand the judge’s discretion,to reduce the judicial credibility.After the civil code was implemented in 2021,the protection of patient privacy underwent further refinement,but the majority of the relevant legal framework still operates at the macro principle level and has relevant various operational provisions that are dispersed throughout other related system regulations,making it challenging to accurately implement these provisions in actual practice.Additionally,in the course of practice,there are fewer issues with patient privacy legal protection because the specific concept is unclear,there is no clear system of relief after the relevant rights have been established,particularly when it comes to various types of subject privacy responsibility infringement,and several related system still require improvement.Hence,additional research into the legal concerns surrounding patient privacy rights is important from a practical standpoint.Based on one main case and two auxiliary cases,this paper summarizes two.controversial points and discusses the relevant legal protection of patients’ privacy.This paper takes the particularity of the concept of patient’s privacy as the theoretical basis,and points out the identification defects of the infringement of patients’ privacy in China’s judicial affairs.And on the basis of further study and analysis of the different subject responsibility of the amount of damages,and the privacy relief of patients from different perspectives,and on the basis of build a set of the privacy of relevant legal regulation system,in order to have a certain degree of reference price in judicial practice value is necessary to protect the legitimate rights and interests of patients and solve the deteriorating doctor-patient relationship...
Keywords/Search Tags:Patient privacy, liability, legal protection
PDF Full Text Request
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