【醫療民事法】美容醫學非法填充物案：美容醫學手術植入物之說明告知義務【學習式判解評析】 試閱
A Case about Surgical Implants Causing Lesion of Body Tissue: Duty of Disclosure for Implants of Cosmetical Surgery
本件案例因醫師未保存病歷等證據因素，致手術前醫師向病人之說明告知內容及植入物成分等事實難以判斷。本文即以醫師違反病歷製作、保存義務時，民事責任成立之舉證責任分配，以及醫師在侵入性醫療行為前應盡告知義務，此事實舉證責任之分配，暨在美容醫學醫療行為時，所使用植入物之醫療器材性質與醫師說明告知義務及注意義務之關係為評析。
Because the physician didn’t save the medical records and other proofs, it was difficult for the patient to judge actualities like the disclosure made by the physician and the content of implants. It would be analyzed in this essay how burden of proof for civil obligations would be distributed when the physician broken the duties of medical recording and saving, and how burden of proof would be distributed when the physician fulfills the duty of disclosure before invasive procedure. In this essay would the relationship between the content of implants of cosmetical surgery and duty of disclosure and duty of care be also analyzed.
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