產後照護與做月子契約之群聚感染告知義務【醫事法學教室】 試閱
The Inform Obligation of Cluster Infection in the Contract of the Postpartum Nursing Care
因家庭社會結構改變,華人產後會到坐月子中心接受月子中心之孕婦產後與新生兒之照護。惟坐月子中心為透過群聚方式提供照護之服務型態,群聚感染為其典型風險,屬締約告知義務之範圍,但一般人卻因琳瑯滿目之月子中心廣告,而忽視此風險。月子中心之締約告知義務為何,以及當其違反告知義務時,產婦與新生兒之請求權基礎為何,係本文之重點。
Because of the changing of structures of families and society, Chinese would take the postpartum care in the postpartum facility after childbirth. The postpartum confinement offers the service in group and its typical risk is the cluster infection, which belongs to a part of the inform obligation in the contract but might usually be ignored due to multiple advertisements. This article concentrates on the following questions: What is the burden of the inform obligation which belongs to the postpartum confinement? What is the basis of right of claim for damages which were caused by the disobeying this obligation?
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