The Range of Duty of the Disclosure of the Complication of the Special Constitution and the Identification of the Responsibility of the Hospital
This case handles problems like duty of the disclosure and the identification of the responsibility of hospitals. There are by the range of duty of disclosure always different standards which are based on professional rule or on patient rule. The former depends on that a reasonable physician could disclose information in each single case, while the latter depends on information a patient require to accept a medical treatment. By defining whether a physician obeyed duty of disclosure by taking the latter as the criterion, the patient should inform about the special constitution. Therefore, it could be possible that the physician informs the patient about the possibility of complication which was caused by the special constitution. If it was lack of histories of patients, the burden of proof that there was no fault of care would be transferred to the hospital. If there were faults of staffing or managements to the hospital, patients could complain about the tort liability to it by their selves.