告知說明義務系列：未盡告知義務並違反醫療常規，始負醫療責任【醫事法學教室】 試閱
The Series of the Obligation to Disclose: The Physician Has the Medical Responsibility when the Obligation to Disclose Is Failed to Fulfill and the Medical Routine Is Violated
告知說明義務之未完全踐行，並不能直接反應或導致醫療行為本身之可非難性，須以醫療行為本身違反醫療常規並致生危害者，始有被評價具有故意或過失之可能。是醫師縱有告知未完全之情形，其是否即具可歸責性及可非難性，仍須判斷治療過程是否違反醫療常規。
When the obligation to disclose is not fully fulfilled, it does not directly reflect or result from the accusation of the medical behavior. If the medical behavior violates the medical routine and causes harm, it can be evaluated as intentional or negligence. Even if the physician does not fully fulfill the obligation to disclose, he/she cannot immediately be imputed and accused. It needs to judge whether the treatment process violates the medical routine or not.
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