用合同法诠释手术知情同意

To Interpret Haven the Patients' Consent in the Operation in the Form of Contract

依据合同法、执业医师法、医疗机构管理条例及其实施细则、医疗事故处理条例、病历书写规范等法律、法规、部门规章,诠释手术知情同意的法学渊源,旨在阐述手术知情同意的法律依据及规范手术知情同意,以保障医患双方的合法权益,减少医患纠纷。

According to the Contract Law, Registered Doctor Law, regulations of administration and implementation for medical organizations, regulations for handling medical malpractices, regulations for case recording and other occupational rules, this paper explores the origin of law of surgical operation acknowledgement, explains the legal basis of operation acknowledgement and makes the procedure of operation acknowledgement standardized, which aims to protect the right and interest of medical staff and patients, and to reduce the medical disputes as well.