患者知情同意权——医师告知义务研究-法律·民商法学专业论文.docxVIP

最后论述我国知情同意权的法律效果及法律责任，叙述我国有关患者知情同意的有关法 最后论述我国知情同意权的法律效果及法律责任，叙述我国有关患者知情同意的有关法 律规定。并认为有必要对患者的权利单独立法，以期更完善的保护患者的知情同意权。 关键词：患者知情同意权告知义务 AbstractIn Abstract In the past，a doctor practiced in China was esteemed as a father for his skills and unique social status，under this background，the patient just had to absolutely obey the doctor’S decision．But along with reformation and opening-up in China，the patient’S right of informed consent，stemming from the right of self-determination in the West， has turned into a question that requires keen attention in the field of therapeutic treatment and legal application．Informed consent implies that the patient is not therapeutic object but the subject during therapeutic procedure．As the medical information holder,the doctors have the obligations to get patients informed of their disease for helping them make the decision．Based On discussion On the right of informed consent and the corresponding obligation of a doctor in this paper,the author hopes the fight of informed consent would be further considered． The First Chapter discusses the history of informed consent．The relationship between doctor and patient has developed into guidance—cooperation model from activity-passivity model，which was directed by paternalism．Many countries have enacted the law of informed consent．The right also has achieved great strides in China in recent years． The Second Chapter is about the Informing Obligation of doctor．The relationship between doctor and patient is based on a medical contract．And the informing obligationthus is a contractual obligation．There are three standards about the informing obligation of doctor,i．e．，reasonable physician standard，reasonable patient standard and subjective standard．The reasonable patient standard is the best one to meet the need of fact．The content of informing must be good enough to ensure a patient to make reasonable decision but not to be an excessive burden of doctor． The Third Chapter tells the important condit