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1994年颁布的《医疗机构管理条例》明确了医生在手术、特殊检查和特殊治疗方面必须履行告知义务,充分尊重患者的知情权利。特别是这几年伴随着医疗纠纷案件大量出现,临床医生越来越谨小慎微,以至于出现了知情同意绝对化的趋势,即任何手术、特殊检查和特殊治疗都必须书面征得患者或家属关系人同意。在北京李丽云案~1和浙江德清周发芝案~2后,人们对知情同意产生了困惑,似乎法律制度与捍卫生命之间发生了冲突。特别是
The Regulations on the Management of Medical Institutions promulgated in 1994 made it clear that doctors must fulfill their obligation of informing in respect of surgery, special examination and special treatment, and fully respect the patient’s right to information. Especially in recent years, with a large number of medical disputes, clinicians are becoming more and more cautious so that there appears to be a tendency towards the absolute comprehension of consent, that is, any operation, special examination and special treatment must be conducted in writing for patients or their dependents agree. After Beijing Li Li-yun’s case [1] and Zhejiang’s Deqing Zhou Fa-zhi’s case [-2] people became confused about informed consent and it seemed that there was a conflict between the legal system and the defense of life. especially