告知說明義務系列:告知說明是否必須醫師親自為之【醫事法學教室】 試閱
The Series of the Obligation to Disclose: Is It Necessary for the Physician to Inform and Explain Personally to the Patient?
按醫師法第11條之立法精神,在規範醫師對從未診視過之患者,於病情不明情況下而予以處方之行為;若該患者已經詳細檢查,病情明顯,醫師任何處置皆有所本,即應不屬醫師法第11條處罰之範疇。醫療行為須賴團隊之分工合作乃能全其工,不必均由醫師親自為之。
According to the legislative spirit of Article 11 of Physicians Act, the physician prescribes for the patient who has never been diagnosed when the state of an illness is unclear; if the patient has been examined in detail, the state of an illness is obvious, and each medical behavior has basis, the physician should not fall within the punishment of Article 11 of Physicians Act. The medical behavior depends on the division of labor cooperation of the medical team, and it is not necessary for the physician to personally do it.
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