Reflection and Reconstruction of Patients' Informed Consent Protection System in Doctor-patient Relationship

The inadequate protection of patients' informed consent rights is an important reason for the disharmony in doctor-patient relationship. Currently, Chinese law primarily focuses on protecting patients' passive right to be informed about medical treatments, while lacking sufficient protecti...

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Main Authors: Qiheng LIU, Xiaoli TAN
Format: Article
Language:zho
Published: Editorial Office of Medicine and Philosophy 2025-02-01
Series:Yixue yu zhexue
Subjects:
Online Access:https://yizhe.dmu.edu.cn/article/doi/10.12014/j.issn.1002-0772.2025.03.10
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author Qiheng LIU
Xiaoli TAN
author_facet Qiheng LIU
Xiaoli TAN
author_sort Qiheng LIU
collection DOAJ
description The inadequate protection of patients' informed consent rights is an important reason for the disharmony in doctor-patient relationship. Currently, Chinese law primarily focuses on protecting patients' passive right to be informed about medical treatments, while lacking sufficient protection for their active right to seek medical information. The existing legal framework for protecting informed consent is flawed and should be reconstructed by establishing a dual-protection mechanism. This mechanism should be based on the medical institution's fulfillment of its statutory duty to inform while also ensuring patients' proactive access to information. By strengthening the protection of the active right in the informed consent right of patients, the mechanism will not only enhance their understanding of treatment information but also assists medical staff in fulfilling their duty to inform. This approach fosters mutual understanding and trust between doctors and patients, offering a new theoretical path for the building of a harmonious doctor-patient relationship.
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spelling doaj-art-79df34d08ccd4566bce2d145f48ebdf92025-08-20T02:37:17ZzhoEditorial Office of Medicine and PhilosophyYixue yu zhexue1002-07722025-02-01463424610.12014/j.issn.1002-0772.2025.03.104-liupihengReflection and Reconstruction of Patients' Informed Consent Protection System in Doctor-patient RelationshipQiheng LIU0Xiaoli TAN1Health Law and Policy Research Center, Guangzhou Medical University, Guangzhou 511436, ChinaHealth Law and Policy Research Center, Guangzhou Medical University, Guangzhou 511436, ChinaThe inadequate protection of patients' informed consent rights is an important reason for the disharmony in doctor-patient relationship. Currently, Chinese law primarily focuses on protecting patients' passive right to be informed about medical treatments, while lacking sufficient protection for their active right to seek medical information. The existing legal framework for protecting informed consent is flawed and should be reconstructed by establishing a dual-protection mechanism. This mechanism should be based on the medical institution's fulfillment of its statutory duty to inform while also ensuring patients' proactive access to information. By strengthening the protection of the active right in the informed consent right of patients, the mechanism will not only enhance their understanding of treatment information but also assists medical staff in fulfilling their duty to inform. This approach fosters mutual understanding and trust between doctors and patients, offering a new theoretical path for the building of a harmonious doctor-patient relationship.https://yizhe.dmu.edu.cn/article/doi/10.12014/j.issn.1002-0772.2025.03.10patients' informed consentdoctor-patient relationshipmedical disputesdual-protection mechanism
spellingShingle Qiheng LIU
Xiaoli TAN
Reflection and Reconstruction of Patients' Informed Consent Protection System in Doctor-patient Relationship
Yixue yu zhexue
patients' informed consent
doctor-patient relationship
medical disputes
dual-protection mechanism
title Reflection and Reconstruction of Patients' Informed Consent Protection System in Doctor-patient Relationship
title_full Reflection and Reconstruction of Patients' Informed Consent Protection System in Doctor-patient Relationship
title_fullStr Reflection and Reconstruction of Patients' Informed Consent Protection System in Doctor-patient Relationship
title_full_unstemmed Reflection and Reconstruction of Patients' Informed Consent Protection System in Doctor-patient Relationship
title_short Reflection and Reconstruction of Patients' Informed Consent Protection System in Doctor-patient Relationship
title_sort reflection and reconstruction of patients informed consent protection system in doctor patient relationship
topic patients' informed consent
doctor-patient relationship
medical disputes
dual-protection mechanism
url https://yizhe.dmu.edu.cn/article/doi/10.12014/j.issn.1002-0772.2025.03.10
work_keys_str_mv AT qihengliu reflectionandreconstructionofpatientsinformedconsentprotectionsystemindoctorpatientrelationship
AT xiaolitan reflectionandreconstructionofpatientsinformedconsentprotectionsystemindoctorpatientrelationship