Ethical Review on the Medical Default in the Context of Informed Disconsent

This paper firstly discusses the basic concept of the tort of medical nonfeasance, the damage behavior and its conditions, definition and elements, and then analyses the reasons, status and characters of tort of medical nonfeasance in order to reveal its damages.

The recognition influences the idea of medical care and medical action of the local people as well as people's attitude and action on the village cooperative medical care system.

It is meaningful to make clear the difference between medical action and non-medical consume service.

Owing to the particularity of the medical action, it’s easy to infringe these two rights of the patients’.

The Research of Medical Behaviour and Its Problem of Legal Regulation;

Objective To identify the medical personnel knowledge levels about"The Regulation on the Medical Accident Treatment"and medical behaviour variation.

The author has studied the modes of doctors obtaining rewards and the influence on their medical behaviours,and combining the actual situation of China and proposed some propositions to improve the modes for doctors to obtain rewards,with a hope to improve the mode and medical decision so as to improve medical quality and cut down upon medical cost.

Medical treatment seem to injury human body, however, the subjective aim of medical treatment is to cure the disease to save patient, objectively in favor of both patient and society.

Medical accidents are always caused by the fault of the doctors in the medical treatment which is the premise of doctors responsibility to take the remedy in medical damages.

Presently, in medical treatment, the court applies the "Equitable Responsibility" principle stipulated from the General Civil Laws to settle the medical conflicts caused by unpredictable harm.

From ethical and economic perspective,to explain the necessity of legislation of medical conduct liability, and to clarify the nature of the medical conduct liability law,its value is to protect fully the right of medical service receiver at fist,meanwhile,and also protect public benefit.

The positive values of medical conducts called for non-criminalization.

The second concept is discussed as follow ;Rights and responsibilities of healthcare professionals and patients;the charateristic of medical conduct;doctors and health care personnels duties of care and their rights of exempt;The claimant for damages involve breach of contract and tort .