【醫療民事法】親自診察義務──論醫師法第11條的變革與挑戰【學習式判解評析】 試閱
The Duty of Examination in Person ─ On the Change and Challenge of Paragraph 11 of Physicians Act
按醫師法第11條之規定，醫師非親自診察，不得施行治療、開給方劑或交付診斷書，同條並設有但書情形，例外可藉由通訊方式詢問病情，為之診療，開給方劑等。所謂親自診察，形式上須以醫師親自到場為其標準，然從實際角度探討，則應著重醫師是否參與醫療業務進行之每一環節，而非所有過程均要求醫師必須親臨親為，此亦為在現代醫療之團隊合作下的必然結果。為因應高齡時代到來，以及通訊科技在醫學上之臨床運用，日前衛生福利部已頒布通訊診察治療辦法，放寬通訊醫療之對象及其模式，可以想見在不久的未來，新興技術所造成醫療模式之變革，將影響傳統間醫病互動的既定模式，更挑戰既有的法制規範。
According to paragraph 11 of Physicians Act, the physician shall not give any medical treatment, any description and any certificate of diagnosis without any diagnosis personally. There is still an exception for telemedicine. By doing so, the physician could realize the condition of patients and give medical treatments with communications. The so-called giving medical treatment personally means formally that the physician should be present personally, but essentially that the physician should attend each part of the medical treatment, instead of being present at the hole progress of the medical treatment. It would also be a necessary consequence of the modern cooperation of medical groups. The Ministry of Health and Welfare extended the regulation to the object and the model of given a medical treatment, proclaiming recently the Measure of Diagnosis and Medical Treatment with Communication to face the coming of an aged society, and the application of communications on medical treatments. It would be suspected as the consequence that the creative technologies in the future, which bring the challenge to the model of medical treatments, will influent the interaction between patients and physicians, and have challenges to the existing rules.
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