未告知癌末患者病名是否違反說明義務【寰宇醫事裁判】 試閱
Whether It Is A Breach of the Duty of Disclosure not to Inform Patients with Terminal Cancer of the Name of the Disease
患者A罹患肝癌末期並轉移腎上腺，於2004年入住被告Y國立大學醫院。A家屬強烈要求被告醫師不要向患者A告知病名，而醫師雖未告知病名，但仍詳盡說明治療內容與方法，而A也同意接受治療。惟A在接受腫瘤射頻燒灼術手術時，因併發出血而死亡。A家屬主張被告醫師因未告知病名而使A誤以為接受治療即可痊癒，乃忽視A家屬拒絕讓A治療的意願；又A的情況不符合腫瘤射頻燒灼術手術之適應症，被告醫師不僅診斷錯誤，施術時也存有過失，後續出血處置也未盡其注意義務。法院認為，縱然A未獲知病名，但因被告醫師業已解釋所有治療內容與方法，而不存在原告所主張家屬決定權優先於患者自主權；又是否為腫瘤射頻燒灼術手術之適應症，被告醫師已經為詳盡評估、施術與出血處置均無過失。
Patient A, who suffered from terminal liver cancer with metastatic adrenal glands, was admitted to National University Hospital Y as the defendant in 2004. A’s family strongly requested that the physician not disclose the name of the disease to A. Even though the physician did so, he explained the treatment in detail and A had agreed to undergo the treatment. During the RFA surgery, however, A died due to hemorrhage. A’ family claimed that the physician didn’t disclose the name of the disease, which lead A to believe that he could be cured by the treatment, ignoring the wish of A’s family to refuse A’s treatment, not to mention that A was not suitable for the surgery. The physician didn’t make a correct diagnosis, nor perform the surgery carefully but negligently, and finally failed to exercise due diligence on the management of the subsequent hemorrhage. The court held that the physician had explained A all the contents and methods of the treatment, although the name of the disease was given. Besides, the family of the patient has no right preceding patient’s autonomy. The physician had already thoroughly evaluated whether A was suitable for the RFA surgery, so he wasn’t negligent in the performance of the surgery nor in the handling of the hemorrhage.
112-118
