欠缺識別能力時的病人自主決定權【醫事法學教室】 試閱
The Right of Self-Decision of the Patient Without Any Recognizing Ability
本案例涉及焦點在於當病人欠缺識別能力，無法清楚表達個人意見時，醫師是否能違反其家屬之意思，因應病人病況變化而採取醫療行為？法院首先肯認病人自主決定權係民法第184條第1項前段所保障之權利，後復指出在病人陷於識別能力欠缺之情形，家屬之意見僅為推測病人同意意向的重要參考資料，不能完全取代病人的自主決定權，此時醫師仍應綜合考量「理性病人」的推測同意，以病人最大利益為依歸，作成合於醫療倫理之決定。
The legal issue in this case focuses on the problem whether the physician could take a medical care to the patient according to his condition but obey the opinions of the family. The court confirmed at first that the self-decision of the patient belongs to the right which is protected according to the paragraph 184 section 1 of Civil Law, then confirmed that the opinions of the family would be the speculative agreement which are worth to be taken into consideration, but couldn’t replace the right of self-decision of the patient eventually when the patient fell into a coma. At that moment, the physician shall take the speculative agreement based on the reasonable patient into consideration, and make a decision which will correspond with the best interest of the patient and the medical ethics.
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