Duty of Notification of Examination: Is It a Medical Custom or a Medical Negligence that There Is No Need to Notice the Patient Who Discharged the Result of Examination?
The legal issue is about the question whether a hospital has the duty to inform or notice a patient who discharged when getting an abnormal result after taking an examination. According to current medical custom, there is no need to do it, except there would be an emergency. Could a medical custom as such be an exemption of duty of notification? A medical custom is just a usual practice at medical clinic, like so called “standard operating procedures” (SOP), which is different from a medical standard. The duty of notification of the hospital in this case has different foundation and range of responsibility: 1. Accessory obligation of general medical notification (incomplete performance); 2. Obligation of safeguard which is emergency notification and information (Accessory Obligation); 3. Obligation of organization which is emergency notification and construction of inform-system (paragraph 82 section 5 of Medical Care Act, paragraph 184 section 1 of Civil Law). These rights above could be enforced on the ground of free choice by one of the parties.