The Duty of Examination in Person ─ On the Content and the Practice of the Duty of Examination in Person According to the Medical Care Act
The duty of examination in person of physicians according to paragraph 11 of Medical Care Act is a norm which protects others. However, whether the physician should take civil or criminal responsibilities still depends on the requirement of the causation between the duty violation and the consequence which have to been proven. Therefore, there was seldom a physician who only violated the duty of examination in personal and was sentenced to penalties or compensations. Nevertheless, if a physician had a physical examination which depended on the statement from the other rather taking a physical examination in person to a patient, or checking the result of the instruments inspect, it might be a risk for a wrongful statement of examinations and a distorted analysis of the result of instruments inspect. It shouldn’t be a loose rate to judge whether a physician violated the duty of examination in person. Meanwhile, the hospital should hire more men and have agents to avoid the problems that violating the duty of examination in person was a habitus.