The Series of the Obligation to Disclose: The Obligation to Disclose of the Physician, It is Necessary to Inform Materially
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 and 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. The above-mentioned is related to the Doctrine of Informed Consent which is intended to help patients to understand the risk of the invasive medical treatment and then they could freely decide to accept the treatment or not. Reducing the incidence of medical disputes and manifesting / showing the autonomy of patient’s physical and health are our purpose objective. Although the risk of the medical treatment, the complications and the side effects don’t occur often, the physician must explain the risk of serious consequences to the patient. In short, the obligation to disclose would exist if the patient might refuse the medical treatment after explaining. Even though, the patient or the patient’s family sign the consent form which has the explanations, it is hard to recognize the obligation to disclose that has been exhausted. The obligation to disclose requires the physician to inform materially. If the physician fails to inform, he or she fails to fulfill the obligation to disclose unless he or she has justified reasons.