Abstract
The right of informed consent is a basic legal right of patients. However, in China’s current medical practices, this right is usually exercised by a patient’s next of kin. This article focuses on the question that who should exercise the right of informed consent of the patients who are virtually competent to make medical decisions. It first discusses the statutory attitude towards this question, and then it argues for the contention that it is the patient himself, rather than his next of kin, who should exercise the right of informed consent, both from positive and negative perspectives.
| Translated title of the contribution | Who is entitled to xercise the right of informed consent: the patient or his next of kin? |
|---|---|
| Original language | Chinese (Simplified) |
| Pages (from-to) | 29-34 |
| Journal | 法律与医学杂志 |
| Volume | 14 |
| Issue number | 1 |
| Publication status | Published - Mar 2007 |
| Externally published | Yes |
Research Keywords
- Right of informed gonsent
- Exercising the right
- Patients
- Next of kin
- 知情同意权
- 权利的行使
- 患者
- 家属
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