The Medical Standard and Due Diligence of the Physicians
Though there is no explicit guideline on medical routine, all domestic institutions which assess medical disputes are medical authorities, and every assessor is thus familiar with operations of medical field treatments. Therefore, it is costeffective for judicial practice to make their assessment the standard of judging doctors’ due diligence. Furthermore, for medical treatments to be considered as medical malpractice, not only a violation against the objective due diligence must be involved, but also a judgement must be made on whether a doctor subjectively predicts the possibility of facing the consequences and takes measures to avoid risks accordingly. As for predictable consequences, if the doctor fulfills the inform obligation and adopts necessary measures to avoid the risks, she / he should be considered to achieve doctors’ due diligence. For unpredictable consequences, there is no inform obligation nor any responsible cause.