analysis of the tort law on excessive medical treatment with the patients right to informed consent（过度医疗侵权法的分析与患者知情同意的权利）.doc

Analysis of the tort law on excessive medical treatment with the patient’s right to informed consent Abstract excessive medical is a medical concept in tort to regulation, it must be autonomy and civil law combined from the medical tort liability provisions that tort liability law gt;gt; lt;lt; patient’s autonomy is mainly reflected in the top of the protection of the informed consent of patients and thus excessive medical tort, it should be the fact that the combination of the concept of informed consent of patients and meaningless, worthless treatment based on the patient the right to information in different forms of the ordinary treatment activities and special treatment activities, should distinguish between analysis of overtreatment criteria in the activities of the two clinics. tort law for excessive medical regulation, due to lack of establishment of the right to reasonable medical patients, making patients mainly only a claim by asserting their right to informed consent have been infringed, the full protection of the interests of patients to be perfect by the legislation. Paper Keywords excessive medical informed consent of patients the right to special treatment activities of general medical activities of reasonable medical rights , lt;lt; gt;gt; Excessive medical tort law to determine the concept of Excessive medical concept exists in the definition of the field of medical technology, is still a lack of a clear definition of legal for patients that can not really improve the diagnosis and treatment of the value of just inviting the diagnosis and treatment of medical resource consuming behavior. gt;gt; lt;lt; Tort Liability Act 63 only prohibited unnecessary tests, is most explicit provisions of the law over medical regulation, but it is limited to the inspection process and the meaning of “unnecessary” is not explicitly simple, no operational practice at all . lt;lt; the misdeed gt;gt;, lt;lt; medical institution regulations gt;gt; relevant la