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患者知情同意权   总被引:12,自引:1,他引:11  
让患者知情同意义务是近些年来在医疗诉讼过程中逐步从一般注意义务中分化出来的特殊注意义务。IC产生有其深刻的社会背景,医师在医疗行为时要对患者进行充分的告知并取得患者的同意以保障患者自我决定权的实现。  相似文献   

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郑学宝  李大平 《证据科学》2004,11(4):268-277
让患者知情同意义务是近些年来在医疗诉讼过程中逐步从一般注意义务中分化出来的特殊注意义务。IC产生有其深刻的社会背景,医师在医疗行为时要对患者进行充分的告知并取得患者的同意以保障患者自我决定权的实现。  相似文献   

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In 1899 the age of sexual consent in some American jurisdictions was 9 years. It has ranged from 7 to 21 years and at present the range is from 11 to 18 years. The age selected seems to be an arbitrary matter, the product of legislative compromise. The age of sexual consent should not be so early that little protection is provided for a child. Conversely, it should not be so late that a man can be held for statutory rape when the "victim" is fully capable of informed consent and readily acquiesced to a proposal or even invited a sexual relationship.  相似文献   

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This study addresses problems arising with informed consent for long-term maintenance pharmacotherapy. Obtaining patient consent to neuroleptic treatment, with the risk of tardive dyskinesia, has raised questions about long-term recall and the competence of psychiatric patients as a special population. The subjects were 32 adult outpatients, 16 were followed in the psychiatric clinic and 16 in the rheumatology, pulmonary, and neurology clinics. Structured interviews with these patients dealt with knowledge about relevant short-term and long-term medication side effects. Interview results were used to compare psychiatric and medical groups with respect to overall levels of comprehension. Two results were striking. 1. There was a remarkable similarity in the degree of comprehension between psychiatric and medical outpatient groups; this suggests that psychiatric patients need not be considered any less competent than medical outpatients in assimilating necessary medication information. 2. Patients in both groups were knowledgeable about short-term side effects, usually as a consequence of personal experience with them. However, their knowledge was consistently inadequate with regard to potential long-term side effects from their maintenance medication. Current informed consent doctrine may presume a degree of recall and comprehension beyond the capabilities of most patients. The development of an appropriate doctor-patient relationship that reconciles the need for consent with patient limitations remains an important challenge for clinicians.  相似文献   

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