“替代医疗方案”告知中存在问题的思考

Thinking of Problems Existing in The Notification of“Replace Medical Treatment Project”

2010年7月1日实施的《侵权责任法》,首次提出三种情形需要告知患者"替代医疗方案"。该法实施已经三年多,从执行情况看,存在着没有告知、告知无记录等问题。随着患方诉及未告知"替代医疗方案"诉讼案件的增多,医方因此承担赔偿的判例也日益增多。完善和规范三种情形下替代医疗方案的告知形式和内容,对于充分尊重患者知情权和选择权,避免因告知不全面而引发医疗纠纷具有重要意义。

In the implementation of the＂Tort Liability Law＂ in July 1st, 2010, three kinds of conditions which needed to in- form the patients of ＂Replace Medical Treatment Project＂ were put forward for the first time. This method had already put into effect for three thousand years, and we could find there were problems such as without informing or informing records and so on from its ex- ecutive condition. As the increasing of lawsuits cases for lack of informing ＂Replace Medical Treatment Project＂, the compensation cases of the medical side were also increased. To complete and standardize the informing forms and content of ＂Replace Medical Treatment Project＂ under the three conditions was of great importance to respect the informed right and selection right, as well as avoid medical disputes caused for uncomprehensive informing.