On Gender Differences, Patient’s Consent and Medical Disputes

 

Title
On Gender Differences, Patient’s Consent and Medical Disputes
Author
Chih-Chia Wang, Ching-Hui Loh
Keywords
Gender Differences, Gender Sensitivity, Patient Autonomy, Informed Consent, Medical Dispute
Abstract
This article discusses the issues arising from the interaction between gender
differences and medical practice & patient’s consent by the true cases of medical
disputes. The first case is Korman v. Mallin, 858 P.2d 1145 (Alaska 1993), a case
of breast reduction surgery. It indicates that physical image is very important and
every physician should keep in mind. If a plastic surgeon neglects it and give inadequate
explanations or descriptions, it will result in medical dispute. The patient’s
consent may be invalid if she seeks the operation based on cosmetic demand
and the physician may face criminal and civil liability. The second case of “vaginal
examination and hymen tear” results from gender bias that people pay too much
attention to hymen integrity. This gender bias should not be secured by criminal
liability. On the other hand, if the patient values it, the physician should still afford
the damages so produced on the basis of civil liability. The most important thing is
that the physician should cultivate gender sensitivity so as to avoid and decrease
medical disputes in this respect.
Abstract Article

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