Duty of Notification of Examination: On Establishment of Organizational Liability
The traditional issue of medical civil legal responsibility deals with the problem whether every single physician was done with adequate care. However, the criterion of adequate care shouldn’t be one size fits all, because there are many differences between outpatient physicians and emergency physicians. In addition, it could be difficult for patients who have no professional knowledge to find a mistake during the hole medical treatment, then to judge who would have responsibility for the mistake, even to complain to the hospital or the physician as the employee for it. Therefore, it would be necessary to set an organization duty for hospital. Taking whether a computer tomography report should be informed to the patient and how as an example, the hospital should establish a immediate and complete revisit system. It belongs to the organization duty for hospital. The hospital shall have responsibility for patients separately without any responsibility of a single physician, if it breaks it. For contract, this duty belongs to an accompanying obligation that a hospital shall protect inherent interest of patients; for trot, it is also a duty of transaction security. It should be illegal, if the duty was fulfilled. The patients could therefore complain to the hospital for responsibility of compensation because of non-performance of obligation, and for trot according to paragraph 184 section 1 Civil Law instead for vicarious liability.