以宪法原理重塑知情同意权的理念——以“魏则西事件”为契机

在采取具有侵袭性的医疗措施之前,医疗方有充分告知的义务,患者相应地具有知情同意权?然而,由于医疗父权主义与商业化的存在,部分医疗方疏于履行告知义务,甚至有意屏蔽了一些真实信息,致使相关民事法律的规范意旨落空?事实上,知情同意权是将医疗知识和技术处于垄断地位的医方视为权力的一种并加以规制?为此,有必要从宪法学角度重新理解知情同意权?

The concept of the informed consent must be remodeled by the constitutional principle

Before invasive therapy, the patients have the right of informed consent and the doctors are under the obligation to inform. However, due to the effect of the medical paternalism and commercialization, some doctors are used to making decisions for the patients. Therefore, the intention of the relevant civil law will fail. In fact, doctors who are in a monopoly position in the medical knowledge and technology are considered as a power to restrict. So informed consent should be a constitutional right, and it is necessary to understand this right from the perspective of constitutional law.