Case of Change of the Surgical Treatment without Consent: Criminal Laws Evaluation of Invasive Medical Behavior without Consent
The role of informed consent theory has always been a controversial issue by the theory of Criminal Law. This case is typical of the invasive medical behavior fully without the patient’s consent. The practice of the court completely ignores whether the arbitrary medical behavior would be the element of intentional injury. What’s more, is the scope of the physician’s clinical discretion infinitely magnified, and the measure of interest becomes the only consideration to affirmative defense. This kind of interest doesn’t take the idea of the patient’s self-determination into account, and even distorts the positive benefit of the informed consent theory in the physician’s defensive medical treatment. This practice is contrary to the spirit of the patient’s autonomy law and the world trend, and should be considered more carefully.