The right to informed consent consists of two closely connected rights: the right to know and the right to consent. The right to know is the premise and basis for the existence of the right to consent, and the right to consent is the value embodiment of the right to know. Generally speaking, the patient's right to informed consent means that when a medical accident or medical dispute occurs, the patient can obtain some information about what happened to him or her, such as the degree of his illness and the diseases he suffers from. So, what are the elements of the right to informed consent? The following is a good understanding of the relevant information for everyone, which can enhance the relevant knowledge of the law to a certain extent. In order to help everyone understand the relevant legal knowledge, the following content has been compiled. I hope it will be helpful to you.
1. Elements of the right to informed consent The elements of the right to informed consent include ability to consent, form of consent, and scope of consent. Right to Informed Consent: The patient’s informed consent is an important manifestation of the patient’s right to make his or her own decision. Consent plays two different roles in the doctor-patient relationship: one is the legal role, which provides legal reasons for medical treatment. Treatment without such consent is illegal. The second is its clinical role, which can gain the trust and cooperation of patients. Consent as a legitimate reason for medical treatment sometimes conflicts with traditional ethical principles, especially when the doctor's treatment plan is not harmful or even beneficial to the patient. For example, a patient refuses a blood transfusion due to religious beliefs, a patient suffering from a disease that is not suitable for pregnancy insists on getting pregnant, etc. In this case, even if the doctor thinks that the patient's choice is unwise and may even endanger the patient's life, it is not appropriate to do so. Blood transfusions and abortions cannot be performed on patients without their consent. Capacity to Consent As far as the patient is concerned, the consent he gives can only be valid if he has the capacity to consent. Regarding the patient's ability to consent, or the ability to make his or her own decisions, it depends on the patient's ability to understand the nature and purpose of the treatment, including what will happen to the body if the treatment is received, the possible consequences of not treating it, and understanding the doctor's instructions to him or her. Various dangers and side effects, etc. The level of understanding must be directly proportional to the decision made. The higher the level of understanding, the greater the decision-making ability. Forms of consent There are two forms of consent: express and tacit. Express consent includes written and oral forms. Generally, written, oral, and implied consents are considered to have the same legal effect. However, written consent is the clearest evidence that the patient has indeed given consent. Therefore, some medical service departments prefer written forms to defend themselves in judicial proceedings in case of disputes. Scope of Consent Even if a patient agrees to treatment, there is still the issue of scope of consent. Traditionally, doctors cannot expand the scope of a patient's consent. If during the medical treatment process for which consent is obtained, new problems are discovered that require further treatment, the patient's consent should be obtained for this new treatment procedure. However, there are exceptions. When a doctor believes that further measures must be taken without hesitation to save the patient's life or prevent him from suffering more serious harm during surgery, the scope of consent is expanded. The court also allowed the doctor to use his normal rational judgment to expand the scope of the operation. That is, if unforeseen circumstances arise during the operation and require additional treatment, and the patient is unable to consent, the doctor can expand the scope of the original consent, but this scope Expansion must be predicated on emergency treatment actions.
2. What rights do patients have to informed consent for medical treatment? 1. The patient’s right to informed consent refers to the patient’s right to know their condition, medical measures, medical risks, basic information about medical expenses, technical level and other medical information. , and the right to decide on the medical measures taken by medical staff, including the patient's right to know and the patient's right to informed consent. The patient's right to informed consent specifically includes the right to know, the right to be informed, the right to choose, the right to refuse and the right to consent. 2. The content of the notification obligation of medical institutions mainly includes the patient’s condition, medical measures, medical risks, etc., and to respond to patients’ inquiries in a timely manner. The notification obligations of medical institutions specifically include the following: informing patients of the medical institution's medical level, equipment and technical status, etc., the patient's condition, the medical institution's diagnostic plan, treatment measures and possible medical risks, as well as the fees that the patient needs to pay, Transfer to doctor or referral, etc. In addition to the above information, medical institutions should also inform patients of the following: treatment methods and methods that constitute invasive physical damage; examination items that require patients to bear pain; toxic side effects and individual differences in response to the use of drugs; patient exposure required Private parts; engaging in medical research and teaching activities, etc.
3. Restrictions on the obligation of medical institutions to inform: Medical institutions and their obligated personnel shall avoid adverse consequences for patients when fulfilling their obligation to truthfully inform. 4. Under the following circumstances, medical institutions are exempted from the obligation to inform: 1. The patient clearly states that there is no need to inform and the patient needs to issue a written explanation; 2. The obligation to inform is temporarily exempted: the patient's life or health is threatened by an urgent or major danger, and When it is objectively impossible to obtain the consent of the person with the right to consent; 3 Statutory compulsory medical treatment: medical institutions are given the authority to compulsory treatment in accordance with laws and regulations; 4 Minor invasion: that is, medical behaviors that are slightly dangerous and have an extremely low possibility of occurrence; 5 treatment Exception to the privilege: If informing the patient of the condition will have an adverse impact on the patient, the notification does not need to be made.
3. How to exercise the patient's right to informed consent 1. In the form of oral notification, general drug treatment, routine clinical examinations, emergencies during surgery or the need for timely changes, and emergency rescue measures are generally used. However, medical staff must keep faithful and detailed records afterwards as medical certification materials; 2. Written notification form, this is the principle form, such as surgery notification, blood transfusion notification, special inspection notification, anesthesia notification, notification of use of special drugs, notification of special Treatment notices, medical experiment notices, and special medical teaching notices must have a commitment and signature of the patient’s understanding and consent; 3. Behavioral recognition. Although the medical institution does not provide notification or sufficient notification when providing general medical services, the patient will not be informed when receiving medical services. In the process of knowing or should know the nature and characteristics of the services provided, without raising any objection and continuing to receive the medical services provided, the patient shall be deemed to have exercised his right to informed consent.