论医疗活动中知情同意与委托代理之间的平衡

为分析医疗活动中知情同意的现状与问题并探讨解决方法, 论证了患者知情权难以理想实现以及自主同意权的盲目性问题, 分析了知情同意的泛化与形式化趋势, 以及知情同意对医生保护作用的有限性。认为委托代理制度有助于解决这些问题, 即医患双方通过签署委托代理书, 患者让渡一部分决定权给医生, 医生根据自己掌握的信息决定是否为患者采取相应措施。遵循自愿原则、动态原则与合法性原则有助于选择知情同意与委托代理间的最佳平衡点, 可以更好地保护医患双方的权益。但实施委托代理制度尚存诸多问题, 有待进一步分析与探讨。

The Balance between Informed Consent and Agency by Agreement in Medical Activities

To analyze problems of informed consent in clinical and explore resolutions, the researchers demonstrated the hard performance of "right to know" and the blindness of "right to decide", found that informed consent seemed to be generalized and formalized, as well as its limited protection for doctors.Agency by agreement was thought to be helpful to resolve these problems.By signing documents of agency by agreement, patients transfer some "rights to decide" to doctors, so doctors could make decisions for them.To keep the balance between informed consent and agency by agreement, three principles are recommended:the principle of free will, the dynamic principle, and the principle of legality.Some questions still need to be studied to practice agency by agreement.