Civil Medical Law: The Obligation of Information for Prescription
In order to respect the autonomy of patients, physicians or medical institutions shall inform fully the matters of concern according to paragraph 81 Medical Care Act, paragraph 12a and 14 Physician Act, when the physicians in the medical institutions prescribe to the patients. If the obligation of information wasn’t performed and it caused the patients damage as the result, the obligations of compensation for damage would be occurred. It would besides be non-conforming performance by the medical contractual obligation. Furthermore, the physicians or the medical institutions who shall inform have the burden to prove that they have performed this obligation.