Résumé
The Moore case is very important in medical law. It extends the scope of disclosure to cover the personal interests of physicians, including economic and research interests. The case gives the patients, who donate human tissue, an informed-consent-based personality protection. It respects patients' autonomy and right of control. It respects the dignity and sacredness of human being. It is reluctant to deem human tissue as property and holds that it will hinder research activities. In the court's opinion, the doctrine of informed consent can play an equivalent role as conversion.
Résumé
Informed consent is composed of information disclosure,competency,understanding,voluntary and deci?sion.In determining the adequacy of information disclosure,patients’rule or standard should be adopted.Medical care provider is in duty to disclose to patients substantive facts relevant to medical intervention.It is necessary to reasonably define what constitutes the“substantiality”of information.If there exists legal exceptional circumstances such as emergen?cy,the duty of disclosure of medical practitioner can be avoided.
Résumé
The effective implement of informed consent depends on the adequate disclosure of the medical information, the understanding and the voluntariness of the patients, the competency and the effective decision of the patients. The process of informed consent is the progress of the composing elements. The doctor should provide the patients with enough information needed for the medical decisions, which should be in an acceptive way so that the patients could understand it easily. In the test of competency, unlike the civil capacity, the understanding ability and the maturity should be considered. Patients' consent should be voluntary. The consent, including expressional and implied consent, generally can be withdrawn or exempted exceptionally, but the right should be applied carefully.