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知情同意在西方发达国家是调整医患关系的基本准则,侵害患者知情同意权是一种单独的侵权责任形态,患者可提起独立的侵权损害赔偿。在我国,由于医事立法不足及传统观念的影响,知情同意尚没有深入人心,成为一种独立的侵权责任形态。侵权责任法已经列入今年的立法日程,正在审议的侵权责任法草案把医患纠纷也纳入其中。因此,探讨我国知情同意制度之法理,认识其在医事领域的重要地位,对立法和实践都有非常重要的意义。
Informed consent in the western developed countries is to adjust the basic criteria of doctor-patient relationship, infringement of informed consent of patients is a form of separate tort liability, the patient can bring an independent tort damages. In our country, due to the lack of medical legislation and the influence of the traditional concept, the informed consent has not yet reached people’s hearts and has become an independent form of tort liability. The law of tort liability has been included in this year’s legislative agenda and the draft tort liability law currently under consideration incorporates medical and patient disputes. Therefore, exploring the legal principle of the system of informed consent in our country and recognizing its important position in the field of medical science are very important to the legislation and practice.