The Series of the Obligation to Disclose: The Obligation to Disclose Should Be Appropriately Limited when Circumstances Are Urgent
The act doesn’t specify that the physician has an obligation to explain the danger. Can we require unlimitedly that the physician has an obligation to disclose for all risks (including the operation which isn’t directly relevant)? It’s doubtful. If the obligation to disclose is required to fulfill, it delays the best time of medical treatment. According to Article 63 Paragraph 1 and Article 64 Paragraph 1 of Medical Care Act have already appropriately limited the obligation to disclose when circumstances are urgent. In addition, the range of the obligation to disclose of the physician should consider the different purpose of the patients’ medical treatment. When the treatment is necessary and urgent, which means the patient needs immediate medical treatment, the physician does not required to fulfill the obligation to disclose for rare or extreme complications.