The legal basis and system scheme of informed consent right and agency of patients
After the introduction of the concept of patient's informed consent in our country,it has gone through the development process from communitarianism to individualism,and has been established as a patient-centered le-gal form.When the informed consent right of patients is expressed in the Civil Code of our country,the situation of"Can not"and"Not suitable"appears,but the two situations are not defined,it leads to the fuzzy judgment of the responsibility of the subject of rights when medical disputes occur.This article analyzes the connotation of the right of informed consent of patients and the exercise of agency,the basis of jurisprudence,etc.The principle of patient-centered"Benefit optimization"was confirmed to implement the informed consent right of patients,and the main problems caused by improper exercise of informed consent right of patients were analyzed with typical cases.This paper puts forward some suggestions on perfecting the relevant laws and systems in such aspects as the scope of a-gency,doctor's immunity,risk early warning,the function of ethics committee,and the promotion of"Prior instruc-tion",etc.The purpose of this paper is to provide reference for preventing the dispute of patients'informed consent.
Informed consent of patientsAgent exerciseLegal basisSystem program
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