英文摘要 |
Clarifying the ability of informed consent is related to the patients right of informed consent. So far, there are many viewpoints on the judgment of patients' informed consent ability in academic circles, such as behavioral ability theory, recognition ability theory, will ability floating theory and so on. In the view of the particularity of the medical field, considerating to protect patients' informed consent rights and preventing medical risks, in theory, patients' informed consent ability should be distinguished from the behavioral ability in civil law and the identification ability in tort law, which should be established the independent judgment standard of patients' informed consent ability. In practice, we should structure a dual recognition model of medical evaluation and judicial adjudication, and determine the pre-position of medical evaluation and the final position of judicial adjudication. |