医疗“知情同意权”(Informed Consent)作为英美法系的产物,是一项重要的私法原则,在其历史发展的嬗变中,始终与生命权、健康权、隐私权等重要人格权概念密切交织着;在美国医疗诉讼法律史中,知情同意权有着严密的逻辑演进路径,经历了从“医师标准”到“患者标准”再到“理性人标准”的嬗变,形成了一项独特的免责特权制度。同时,对“知情同意权”的适用和侵权保险保障机制做出了合理的规制,这对当前我国日益紧张的医患关系有着重要的法律启示。 Informed Consent, as a product of Anglo-American law, is an important principle of private law. In the evolution of its history, Informed Consent has always been associated with the concept of important personal rights such as the right to life, health and privacy Closely intertwined. In the history of medical litigation law in the United States, the informed consent right has a strict logical evolution path and has undergone a transformation from “physician’s standard” to “patient’s standard” to “rational person’s standard” A unique exemption privilege system has been formed. At the same time, it has made reasonable regulations on the application of “informed consent” and the mechanism of tort insurance, which has important legal implications for the increasingly tense relationship between doctors and patients in our country.