【醫療民事法】術前未盡告知義務案： 違反告知義務的判斷標準與效果【學習式判解評析】 免費試閱
Case about Unfulfillment of Duty to Disclose before Surgery: The Criteria and the Effect of Breach of Obligation to Disclose
Due to the osteoarthritis on the right side and chondral serious injury, the patient had taken a total hip replacement. During the surgery, the physician used nails and needles to fix bones but the patient was injured because the needles had broken and displaced. The patient argued that the physician didn inform that nails and needles would be used during the surgery and therefore broke the obligation to disclose. The court held that the right of patient autonomy didn injure seriously even though the physician had broken the obligation to disclose, and rejected the patient claim. This essay would try to analyze the range of the obligation to disclose, the criteria and way to fulfill as well as the effect when breaking.