篇名

【醫療民事法】法定代理人拒絕醫療案:未成年子女之醫療決定權與醫師的告知義務   免費試閱

並列篇名

The Case of Legal Agent Who Refused Taking Medical Treatments: The Right of Decision to Take Medcial Treatments and the Oblgation of the Physician

作者
中文摘要

未成年人之醫療措施同意權係屬身上照護事項,乃父母行使親權的重要內容,父母應基於對其未成年子女身心之保護,為其決定。又病人雖未成年,但已具備醫療決定之同意能力時,即有可能與父母親權之行使產生衝突,此時必須就個案情形加以衡量。父母在行使親權時,應注意其未成年子女之身心發展狀況,並尊重其自我決定的權利,當父母行使醫療措施之同意權有違反子女最佳利益時,則其權限之行使可透過選任特別代理人為之,或以停止親權之方式加以救濟。至於醫師在以上過程中,不論對於病人或其父母均應善盡告知說明義務,並判斷病人是否具備同意能力。

英文摘要

The decision to take medical treatments for juveniles belongs to the body care and one of the important content of parental rights. The decision which made by the parent should be based on the physical and mental protection for their juveniles. However, although the patient wasn’t adult yet, it still might be a conflict with the enforcement of parental rights that making decision to take medical treatments by himself. At this moment, the judgement should be made in every different issued cases. During enforcing the parental rights, the parent should notice the physical and mental development of their juveniles, and respect that they have right to make decision by themselves. When the parent enforces the right of decision to take medical treatments but against the best interest of juveniles, the enforcement could be made by another specific legal agent, or be suspended as a relief. During these processes, the physician should fulfill his obligation to disclose, no matter to the patient or to his parent, in order to judge whether the patient has the ability to consent.

起訖頁

048-063

出版單位
DOI

10.3966/241553062018070021004  複製DOI  DOI查詢

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