The Series of the Obligation to Disclose: Could the Signing of Operation Consent form Solve All the Problems?
The invasive medical treatment which involves putting something into someone’s body or cutting into someone’s body is certainly dangerous. According to Article 63 Paragraph 1 of Medical Care Act, the patient could realize the risk of the invasive medical treatment by explaining, and decide freely to do it or not; then the patient sign the operation consent form. The medical lawsuit might be reduced because of it. In addition, according to Article 12-1 of Physicians Act, when diagnosing and treating patients, a physician shall inform the patient or the patient’s family of the status of the disease, treatment principles, treatment, medication, prognosis and possible unfavorable reactions. If the physician violates the Obligation to Disclose, it could lead the physician to violate a statutory provision enacted for the protection of others and take a liability for compensation, according to Article 184 Paragraph 2 of Civil Code. Even though there are not any articles which delimit the Obligation to Disclose, the liability for negligence is a normative concept which evaluate a behavior that correspond to the social reasonable expectation. We blame the behavior or not, based on the condition of maintaining the social order. There are two cases which will be analyzed in this article.