【醫療民事法】代理同意案:違反醫療法上家屬同意之法律評價【學習式判解評析】 試閱
The Case of Agent Consent: The Legal Review of the Disobeying the Consent of Family Memberships
傳統告知後同意理論僅適用於侵襲性醫療行為,對於用藥行為是否須經病人同意,在法院實務見解並不一致,在病人自主權利法通過後,用藥選項應交由病人決定,在與病人家屬決定產生衝突時,應以病人同意優先,而家屬之意見僅係作為判斷病人意願之參考。
The theory of informed consent is traditionally to applyto the invasive medical treatment. As to whether it shouldbe with the consent of the patient to give medicine, thereare different opinions in the legal praxis. After the patientAutonomy Act, the patient stays prior to decide which kindof medicine could be given and to the family membershipwhen there is a conflict between them as well. The opinionof the latter is to be taken as a reference judging thepatient’s opinion.
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