The Conflict Problems and Solutions Between Informed Consent Right and Right to Life and Health

Abstract

Before the promulgation of the Civil Code of the People’s Republic of China, there was a conflict between patients' right of informed consent and patients' right to life and health, which mainly came from three aspects: medical staff, patients and the lack of law. Compared with existing laws and regulations, the Civil Code not only further defines the scope of the right of informed consent, but also makes detailed provisions on the obligation of medical notification and the right of emergency intervention. In order to alleviate the conflict between the two, the author puts forward improvement suggestions from three aspects: improving the legal details, popularizing the legal awareness and promoting the medical insurance system. In the introduction part, this paper makes a analysis of the informed consent right prior to the promulgation of the Civil Code, and the second part lists relevant cases. This paper analyzes the reasons for the conflict of informed consent rights in Part III and explains the relevant amendments made in the Civil Code in Part IV. This paper also summarizes the solutions of alleviating the informed consent dispute and makes relevant suggestions.