心導管支架與節律器併置案：替代性治療之醫師說明義務【學習式判解評析】 試閱
Simultaneous Implantation of Coronary Stent and Pacemaker: Physician of Alternative Medicine’s Duty to Disclosure
告知說明之內容從醫療法所規定將預定手術原因、成功率或可能發生併發症及危險，到病情、治療方針、處置、用藥。預後情形及可能之不良反應，最高法院擴大包括不接受治療之後果、建議治療方案及其他可能之替代治療方案暨其利弊，病人自主權利法實施後更將醫療選項及各選項之可能成效與風險預後，作為病人知情同意之權利。實務上常見手術後發生不良醫療結果因此而主張藥物治療乃為替代之醫療選項未予告知而違反醫師說明義務，因此釐清替代性治療之概念有其必要性。
The elements of informed consent typically involve a discussion of the purpose of the operation as outlined in the Medical Care Act, including the success rate, potential complications and associated risks. Furthermore, to explain the patient’s condition, treatment policies, procedures, medication, prognosis, and potential adverse effects are included. Additionally, the Supreme Court has ruled that informed consent should also include suggestions for alternative medicine and an evaluation of their costs and benefits. According to the Patient Right to Autonomy Act, patients have the right to be informed about medical options, including the potential benefits, costs, and risks of refusing treatments. It is often suggested in legal practice that medication be considered as an alternative medical option, particularly due to the potential for adverse effects that may follow operations and that physicians have a duty to disclose information about alternative medical options, including medication, to prevent adverse effects after operations. This essay seeks to provide a clear understanding of the concept of alternative treatment.
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