论诊疗活动中患方的知情同意权

On Informed Consent of Patients in the Medical Service Activities

患方知情同意权是患方制约医方滥用诊疗权的一项权利,其产生源于患者对医师的不信任。随着医疗行业的市场化,患方的知情同意权逐渐得到我国法律的认可。知情同意权的行使涉及诸多方面,情况十分复杂。医疗机构滥用医疗同意书是由于医方对患者知情同意权的误解。在医师尽到说明义务且征得患者同意的情况下,医方虽没有过错,但仍发生了医疗意外,医方对由此造成的损害不负损害赔偿责任。

Informed consent is a right of the patients who restrain medical side from abusing clinical right. Because patients do not trust doctors, so it is generated. As the health care industry was commercialized, informed consent of affected parties was recognized in Chinese law gradually. As informed consent involves many aspects, the excise situation is very complicated. As the medical sides misunderstand the informed consent of the patients, so they abuse medical consent. When physicians managed to do the explain obligations and get the consent of the patients, although the medical side doesn＇t have mistakes, medical accidents happen, in such situation, the medical side does not bear the liability for damages only about the risk of accidents in the medical service activities.