Work Study
Case analysis of hospitals′s infringement on patients′ right to informed consent from the perspective of the Civil Code of the People′s Republic of China
Tang Linshan, Tang Mengli, Yang Lizhen, Gao Xuejuan
Published 2024-08-02
Cite as Chin J Hosp Admin, 2024, 40(8): 640-646. DOI: 10.3760/cma.j.cn111325-20231222-00435
Abstract
ObjectiveTo analyze the problems existing in the cases of hospitals infringing upon patients′ informed consent right after the promulgation of the Civil Code of the People′s Republic of China, and to provide reference for improving the legal system of informed consent.
MethodsSearch for judgment documents published from January 1, 2021 to June 30, 2023 on the China Judgment Document Network using the keyword " liability dispute for infringing on patients′ informed consent rights", and conduct descriptive and textual analysis on the cases in the judgment documents.
Results68 judgment documents were included in total.There were 11 judgment documents on infringement of patients′ right to informed consent, and all related cases have undergone appraisal. The content of infringement mainly included infringement of patients′ right to know their condition (12/20), infringement of patients′ right to access their medical records (6/20), infringement of patients′ right to bodily integrity without consent (2/20). There were 15 judgment documents which judge that the right of informed consent of patients wasn′t infringed, and only one case in the document has been appraised. The main focus of controversy was the issue of the priority of the exercise of the right to informed consent (2/15), the fulfillment of the obligation to inform the right to informed consent (5/15), the issue of surgery without notification (1/15), and the issue of determining the authenticity of medical records and providing medical materials (7/15).
ConclusionsThe legal protection of patients′ right to informed consent still faces judicial difficulties such as unclear order of the exercise of rights subject, insufficient specificity of the scope of the exercise of the right, conflicts between the right to informed consent and medical intervention, and lack of unified identification methods for infringement liability. It is suggested to standardize the order of the exercise subject of the right to informed consent, clarify the content of the obligation of the medical party to inform, construct a system for medical intervention, and unify the identification methods for disputes related to the right to informed consent.
Key words:
Informed consent; Physician-patient relations; Rights and interests protection; Case study
Contributor Information
Tang Linshan
School of Humanities and Management, Fujian University of Traditional Chinese Medicine, Fuzhou 350122, China
Tang Mengli
School of Humanities and Management, Fujian University of Traditional Chinese Medicine, Fuzhou 350122, China
Yang Lizhen
School of Humanities and Management, Fujian University of Traditional Chinese Medicine, Fuzhou 350122, China
Gao Xuejuan
School of Humanities and Management, Fujian University of Traditional Chinese Medicine, Fuzhou 350122, China
