專斷或選擇—卵巢切除案：違反醫療選項同意之刑事責任【學習式判解評析】 試閱
Arbitrary or Choice-The Oophorectomy Case: Criminal Liability for Breach of Consent for medical Options
醫療法告知同意原則下，醫師應加以說明內容，原則上應以病人為中心之思考，即以理性病人角度為判斷，但有無關於合理之醫療選項即替代性治療方案如何決定，英國最高法院最新見解仍應交由醫療專業判斷確定有合理之醫療選項後，醫師即就建議治療及替代性治療之重大風險及預後告知病人，交由病人行使選擇同意權，疏未告知醫療選項，若認侵入性醫療行為本質為傷害行為之前提下，醫師違反告知同意仍產生刑法上效果。
According to the principle of informed consent in Medical Law, the physician should explain the content in principle, should be patient-centered thinking, i.e. to judge from the perspective of a rational patient, but regarding how to decide whether there is a reasonable medical option, i.e. an alternative treatment plan, the UK Supreme out has recently held that the decision should still be left to the medical profession’s judgment to determine that there is. A reasonable medical option, and then the physician should immediately notify the patient of the significant risks and the prognosis for the proposed treatment and the alternative, and let the patient decide by him/herself. Failure to inform the patient of the medical options may still give rise to criminal liability if the invasive medical act is considered to be inherently injurious and the physician has violated the principle of informed consent.
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