A Study on the Institute of Informed Consent in Chinese Tort Law

The institute of informed consent originated in America, and is accepted in some jurisprudences. Before the Chinese Tort Law is promulgated, this institute is accepted in regulations, which also is the result of comparative law. Informed consent includes two elements, namely, physician’s duty to inform and consent by patient or his family. The physician should take fault liability when he has not fulfilled the duty, which protects the rights of privacy, health or life, of the patient. And the hospital in which the physician works, should also take vicarious liability.