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我国现行法律、法规有关患者知情同意权均有类似之规定,但在概念以及构成要件上却语焉不详,这直接造成了实际适用上的无序;为此,在实际实务中应慎重适用患者知情同意权而不应扩大其适用范围,同时,对其适用范围做相应的限制,使得医生的医疗裁量权得以复归;在知情同意权与医疗裁量权之间找到契合的平衡点,这样才能真正解开医患之间知情同意的死结,才能构建医患之间良好的信任关系。
The current laws and regulations of our country have similar provisions on the patients ’informed consent, but they are not clearly defined in the concept and the constitutional requirements, which directly leads to disorder in practical application. Therefore, in practice, patients’ informed consent should be carefully applied But should not expand the scope of its application, at the same time, make corresponding restrictions on the scope of its application, so that the doctor’s medical discretion can be restored; find the right balance between informed consent and medical discretion, so as to really solve Informed consent between doctors and patients of the knot, in order to build a good trust between doctors and patients.