告知說明義務系列:健康檢查亦有告知義務之適用【醫事法學教室】 試閱
The Series of the Obligation to Disclose: The Obligation to Disclose is Applicable to Health Examination
健康檢查既以預防人體疾病、傷害、殘缺為目的,所為之診察、診斷行為,自屬醫療行為。健康檢查之契約為醫療契約,亦屬勞務性契約,其受有報酬者,性質上即類似有償之委任關係,醫療機構應負善良管理人之注意盡其告知義務,自應依當時醫療水準,對健檢人或病患履行診察、診斷或治療之義務。
Health examination aims to prevent human diseases, injuries, and disabilities. Therefore, the examination and its diagnosis are medical behaviors. The contract of health examination is a medical contract as well as a labor contract which has the relationship of remuneration that relates to the payment mandate. The medical institutions should exercise the due care of a prudent administrator to fulfill their obligation to disclose and inform patients the result of health examination, the diagnosis, and the treatment method based on the medical standard at that time.
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