论患者知情同意的适用范围——以美国近期案例为参照

The Applications of the Right of Informed Consent of the Patients——Take America's recent cases as reference

患者知情同意的适用范围,在美国也仍有争议,从外科领域到侵袭性,从侵袭性到似乎不受限制。手术并不是知情同意的当然范围,比较简单的一级手术是否知情同意需综合考量;侵袭性可以作为手术的补充标准,采用风险说比较合理,但仍应受发生危险的可能性、损害后果的严重性限制;任何医疗行为都应知情同意的观点,没有可能,也无必要。

Nowadays, Americans are disputing about the applications of the right of informed consent. Some people think that only operation need to be informed consent, and the others think that all the invasive action of medical treatment need to be. The author thinks that some operation neednl to be informed consent, such as part of the first class operation; Invasiveness should be served as the alternate standard, risk is the reasonable standard for invasiveness, but should be limited by likelihood of the danger and the severity of the consequences. Not all the action of medical treatment need to be informed consent, it is neither possible nor necessary.