医疗知情同意权是国际上公认的病患具有的基本权利,其建立的伦理基础源于病患人格权的尊重、自主选择权的行使、医务人员善的道德义务。但在实际操作中,针对医疗知情同意权的排除情形,必须加强法律和制度的完善和健全,才能有效的减少医疗纠纷的发生。 Medical informed consent is internationally recognized as a patient’s basic right. Its foundational ethical foundation stems from the respect of patient’s right to personality, the exercise of right of choice, and the good moral obligation of medical personnel. However, in practice, in order to exclude the medical informed consent right, the perfection and perfection of law and system must be strengthened so as to effectively reduce the occurrence of medical disputes.