Failing to Inform Patient about the Complications of Thoracoscopic Surgery: The Causality in the Lawsuits about Breaching Informed Consent
Breaching the informed consent has been recently the starter for the medical litigations. The infringement of the autonomy of patients as a right of personality would seldom be the objective of the litigations, even though it connected always with the rights of body and health. After being overruled by the supreme court, it would be asserted in the issued case that the litigation about breaching informed consent takes the infringement of the right of personality as the claim right. It is also developed how the construct the obligation of this kind of tort. Due to its specialty, the causality should be concerned and explained, so that it could be a reasonable ground for constructing obligations of tort.