Right of informed consent; Right of informed consent; Right of consent; 1, and the right of informed consent means that medical personnel provide patients with enough information necessary for their decision-making (such as illness, diagnosis and treatment plan, prognosis and possible harm, etc.). ), so that patients can make a decision on whether to agree or disagree with the diagnosis and treatment plan drawn up by medical staff after weighing the pros and cons [3] Literature sources

2. The right of informed consent refers to the patient's right to know about his illness and the right to decide whether to take medical preventive measures and use drugs. The right of informed consent in a complete sense includes the right to know, the right to be informed, the right to refuse and the right to consent, which is the premise and basis for patients to fully exercise their autonomy.

3. The so-called informed consent right refers to the patient's right to know about the illness and to decide whether to accept or reject the treatment plan adopted by the medical staff. Autonomy means that in the process of diagnosis and treatment, patients have the right to ask about their illness, accept or refuse or choose treatment plans.

4. In clinical practice, the right to know and autonomy are also called the right to informed consent. To attach importance to and safeguard patients' rights and interests, we must first respect patients' right to informed consent. Principles for formulating job descriptions

5. Informed consent right: refers to the right of the actor to ask the other party's information to be commensurate with the other party's information, and on this basis, choose whether to agree with the other party's behavior.

6. "Informed consent right" means that patients have the right to know the etiology, diagnosis methods, treatment principles and possible prognosis of their own diseases. The right of informed consent runs through the whole medical work, so it is of great significance to correctly understand and implement the right of informed consent in medical work. Medical disputes caused by doctors' violation of patients' right to informed consent have begun to attract great attention from the theoretical and judicial circles of civil law in China. Extensive access to Chinese and foreign literature, actively learn from the previous research results, this paper attempts to study from the following aspects, with a view to attracting jade, hoping to play a certain guiding role in trial practice and promote the healthy development of the medical industry. The article * * * is divided into four parts: The first part combs the development history of the right of informed consent, and the rules of the right of informed consent have gone through the process from embryonic form to basic formation in the United States, and the development track is closely related to the precedent. This legislation began with the Nuremberg Code and then developed in the Helsinki Declaration. Driven by human rights and consumer movements, the United States completed the Patient Decision Act. The legislation of informed consent rule in China has always been administrative and has different provisions. It was not until the promulgation of Tort Liability Law that the rules of informed consent tended to be unified. The second part discusses the theoretical basis of informed consent right from the perspective of contract law and tort law. From the perspective of contract law, American law thinks that a contract concluded under the condition of highly unequal medical information may be obviously unfair, and the essence of fault liability in conclusion is tort liability, so American law advocates using tort law to protect the right of informed consent. In German law, the consideration of doctors' explanation obligation is not based on independent decision, but on the responsibility basis of doctors' explanation obligation under different responsibility systems. From the perspective of tort law, the development of informed consent theory under American tort law presents two main lines: from consent to informed consent, from intentional infringement to negligent infringement. German tort law holds that violating the obligation of informing and explaining is different from medical negligence, and the basis of liability lies in the lack of obstacles to the illegal reasons of medical infringement. According to the different theoretical basis, it can be divided into the theory of physical aggression and the theory of infringement of personality rights. In order to better protect patients' rights and interests, this paper advocates tort law to protect patients' informed consent right. The third part interprets the right of informed consent from the perspective of doctors' obligation to explain, including the subject, object, form, standard and exemption of the obligation to explain, and explains the connotation of the right of informed consent from another side. The fourth part expounds the meaning of damage from the theoretical basis of damage, and on this basis, expounds the damage and compensation for violating informed consent. It advocates telling the damage truthfully and making full compensation for the violation of the right of informed consent, including not only the consolation money for infringing the right of independent decision, but also other damages with causal relationship. The scope of damages includes personal injury, mental injury, property damage and the damage of the best treatment opportunity and the best treatment plan.