告知說明義務系列:微整形亦須盡告知說明義務【醫事法學教室】 試閱
The Series of the Obligation to Disclose: Performing Non-Invasive Aesthetic Plastic Treatments Must Fulfill the Obligation to Disclose
按美容整形醫療與一般醫療不同,病患並無立即危害生命、健康之危險性,相較於一般醫療係基於治療之目的,以疾病治療與副作用是否發生作為說明義務之主要內容。本件被告為美容整形之專業醫師,在其醫療水準下,已預見原告非常在意雷射除刺青之效果,對於治療的結果自應提出充分資料向原告說明,所以雷射除刺青、肉毒、玻尿酸等微整形,醫師亦須盡告知說明義務。
Aesthetic plastic treatments which do not immediately endanger the life and health of patient are different from general treatments that have the purpose of cure. Explaining the treatments of disease and their effects is the primary of general treatments to fulfill the obligation to disclose. The defendant is a professional physician of aesthetic plastic treatments. According to his medical standard, he could foresee that the plaintiff would highly concern about the effect of laser tattoo removal. The result of the treatments should be fully explained to the plaintiff. Therefore, the physician must fulfill the obligation to disclose before noninvasive aesthetic plastic treatments such as laser tattoo removal, botox, and hyaluronic acid perform.
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