違反告知說明義務與民事醫療過失之互動關係【醫事法學教室】 試閱
The Interaction between Violation of the Duty of Disclosure and Medical Negligence
近年來在醫療糾紛中，不乏見到病方主張醫師違反告知說明義務之情形。而這也使得此項義務之內涵頗受關注。惟應予釐清者，乃醫師違反告知說明義務與醫療行為本身具有過失間，並非直接連動。兩者所涉之民事責任是否成立，仍應分別觀察其各自要件。
In recent years, many patients claim that doctor’s violate the obligation of disclosure in medical disputes. And the significance of this obligation attracts much attention. However, it should be clarified that there is no direct connection between the doctor’s violation of the duty of disclosure and the negligence of the medical behavior itself. Whether the doctors are civilly liable for such cases should be investigated separately through the respective elements.
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