告知說明義務系列:告知說明踐行之對象與未成年人簽具同意書之效力問題【醫事法學教室】 試閱
The Series of the Obligation to Disclose: The Object of the Obligation to Disclose and the Effectiveness of Signing Consent form by Minor
醫療機構實施手術前,應向病人或其法定代理人、配偶、親屬或關係人說明手術原因、手術成功率或可能發生之併發症及危險,並經其同意,簽具手術同意書及麻醉同意書後,始得為之;但情況緊急者,不在此限。又縱使簽立同意書之人為未成年人且罹有精神疾病,但如其於簽立同意書時有辨識能力,仍不影響同意之效力。
Before the operation, the medical institution must explain the cause of the operation, the success rate of the operation, and the possible complications including dangers to the patients, their legal representatives, spouses, relatives, and partners. After the surgical consent form and the anesthesia consent form are signed by the patients together with their relations, the operation could begin. However, the operation could begin without consent if the situation is urgent. Even if a minor who has mental illness signs the consent form, it is effective when he/she has the identification ability to sign the consent form.
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