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正常成年患者医疗同意权行使制度是现代医疗知情同意制度的重要内容,其合理构建包括一般规则的确立与特殊问题的处理两大方面。我国《侵权责任法》第55条的相关规定较之既往立法既有很大的进步,但也存在对一般规则的规定存在欠缺,对相关特殊问题未予涉及等问题,形成不应有的立法缺陷和漏洞,有必要尽快予以完善和弥补。
The exercise system of medical consent in normal adult patients is an important part of the modern medical informed consent system. Its reasonable construction includes the establishment of general rules and the handling of special problems. The relevant provisions of Article 55 of Tort Liability Law of our country have made great progress compared with the previous legislation, but there are also some problems such as the lack of provisions of the general rules, the non-involvement of relevant special issues, and the formation of unnecessary legislation Defects and loopholes, it is necessary to improve and make up as soon as possible.