欺罔取得同意之醫療行為如何評價？【醫事法學教室】 試閱
How to Evaluate the Medical Behavior of Obtaining Consent through Deception?
若醫師明知某種新式醫療技術可能產生威脅病人生命之效果，仍鼓吹病人施作，則其基於欺罔獲得病人同意應屬無效之同意，其醫療行為應屬傷害行為。又若其能預見病人因此可能死亡，且實施手術時違反醫療常規，則應負傷害致死之責。
If the physician clearly knows that a new medical technology a threatening effect on the patient’s life but still advocates the patient to execute it, then the consent of the patient based on deception should be invalid, and the medical behavior should be regard as an injury behavior. And if it can be foreseen that the patient may die and also violates the medical guideline during performing the operation, it should be responsible for the infliction of bodily injury resulting in death.
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