The Series of the Obligation to Disclose: Is the Tort Constituted when the Physician Fails to Fulfill the Obligation to Disclose?
The main obligations of the physician are not only diagnosing a disease of the patient and using the prompt, effective, appropriate treatment, but also telling the complete information of the disease to patient. After being informed and realizing the information, the patient could correctly make the decision to accept the treatment or not, the foregoing is the real meaning of the patient autonomy and the right of the informed consent. Although the patient makes the decision to accept the treatment and assumes the risk, the physician must fulfill the obligation to disclose. The form of the obligation to disclose requires the physician appropriately informs the condition of an illness, the test result, or the source that the patient could notice his or her situation of the illness. Physician obligation to disclose included informing the results of the pathological examination report, he had an obvious malpractice at the postoperative care for the patient. Physician is employed by hospital. The patients go to the hospital for medical treatment, whatever full-time physicians or adjunct physicians do the treatment in the hospital, the medical contract is between the patients and the hospital. The agreements of the rights and obligations which are between the hospital and its physicians don influence the external validity of the medical contract.