手术签字与患者的知情同意权

由于我国现今法律法规未能明确手术签字与患者知情同意之间的关系 ,使得医院和患者之间的权利义务关系不甚明确。随着医疗市场的进一步规范 ,我们有必要尽快地明确手术签字与患者知情同意权之间的关系。文章从手术签字与患者知情同意及医院免责之间的关系等五个关键性问题入手对两者的关系作了阐述。     

被害人承诺刍议

被害人承诺作为正当化行为理论中的问题之一,在各国刑法中都得到普遍认同。但是,我国刑法理论界在这方面的研究尚不充分。本文试从宏观角度对被害人承诺问题加以阐述,从而探求该问题的发展演变。     

病人家属参与医疗决定之法律研究

在我国目前的收入结构与医疗体制之下,对于大多数人而言,一旦面对大的病患风险,家属往往是其医疗成本以及医疗后果的直接承担者。当医疗决定牵涉到家庭成员的重大利益时,患者自主权应该受到家属决定权的制约。病人并非如病患自主理论所预设的前提一样是一个自由且理性的选择者,而是一个组织社群所有关系的总和,因此个人自决并不应该豁免其社群义务,尤其是对于家庭之义务。即使是成年具有意思能力病人其家属亦应具有相应的权利。     

Control,consent and political legitimacy

In this essay, I evaluate Philip Pettit’s theory of republican political legitimacy and maintain that it fails to provide a more satisfactory account of legitimacy than consent-based theories. I advance two interrelated theses. First, I argue that in so far as Pettit successfully narrows the scope that his theory of political legitimacy has to address, his arguments could be adapted to support consent-based theories. Second, I argue that Pettit’s theory fails to satisfy the high standards it sets for itself and is thus unsuccessful. My critique focuses on Pettit’s notions of historical, political and normative necessity, before evaluating whether his requirement of equally individualised popular control of government should be endorsed.     

Public preferences and the challenge to genetic research policy

Modern genetic research requires scientists to collect, store, and study DNA samples and health information from thousands of people. Longstanding policy allows researchers to use samples and information without a person''s informed consent as long as the person''s identity is protected. Under existing policy, researchers must neither disclose study results to interested research participants nor compensate people who contribute to genetic research. Research and ethics experts developed these policy approaches without input from the people whose contributions are essential to the genetic research enterprise. A growing body of evidence shows that many research participants and would-be participants disagree with the current policy approaches. For ethical and practical reasons, participants should have a greater role in determining how genetic research is conducted.     

mHealth and data protection – the letter and the spirit of consent legal requirements

In this article, the role of consent is discussed in the framework of fundamental rights and in the context of mobile health technologies (mHealth), such as smart phones, mobile phones or tablet/palm-held computing devices to provide healthcare. The authors surmise how, in practice, although there will be more emphasis on informed consent formally, there will be less space for genuine individual consent. This betrays a focus more on the letter of consent rules in data protection than their spirit. This risks reducing consent to a tick box operation in a manner analogous to consumer transactions, something manifestly unsuitable for consent, even if only in informational terms, during medical procedures.     

对《侵权责任法》第五十六条的理解与释义

目前,学界对《侵权责任法》第五十六条的释义基本上仍停留在字面解释,造成实际工作中难以操作。医疗机构在紧急情况下虽然抢救了患者,但仍可能需要承担违约赔偿责任。尝试对该条款进行扩充和限制解释,指导医疗机构在不能获得患者和其近亲属知情同意时,能把握好使用这种医疗特权的尺度。     

Mental Capacity in Patients Involuntarily or Voluntarily Receiving Psychiatric Treatment for an Acute Mental Disorder

Despite the growing amount of data, much information is needed on patients' mental capacity to consent to psychiatric treatment for acute mental disorders. The present study was undertaken to compare differences in capacity to consent to psychiatric treatment in patients treated voluntarily and involuntarily and to investigate the role of psychiatric symptoms, competency, and cognitive functioning in determining voluntariness of hospital admission. Involuntary patients were interviewed with the MacArthur Competence Assessment Tool for Treatment (MacCAT‐T), the 24‐item Brief Psychiatric Rating Scale (BPRS), the Mini Mental State Examination (MMSE) and the Raven's Colored Progressive Matrices, and their data were compared with those for age‐ and sex‐matched voluntary patients. Involuntary patients performed worse in all MacCAT‐T subscales. Capacity to consent to treatment varied widely within each group. Overall, involuntary patients have worse consent‐related mental capacity than those treated voluntarily, despite capacity to consent to treatment showing a significant variability in both groups.