The Development of the Duty to Obtain Informed Consent in Taiwan’s Medical Jurisprudence —A Commentary on Supreme Court Cases

The Development of the Duty to Obtain Informed Consent in Taiwan’s Medical Jurisprudence —A Commentary on Supreme Court Cases

 

Title
The Development of the Duty to Obtain Informed Consent in Taiwan’s Medical Jurisprudence —A Commentary on Supreme Court Cases
Author
Pin-Chieh Jseng
Keywords
Obligation of Information, Informed Consent, Medical Negligence, Accessory Obligation, Reasonable Attendance, Causation
Abstract
The purpose of this article, which is divided into four parts, is to analyze the
recent evolution of obligation of information in medical jurisprudence practice.
Following an introduction relative to medical conscience, ethics and law, Part II
explores the “contract law” phenomena of obligation of medical information. In
one hand, study revealed that, in case of violation of obligation of information, it
would be to a patient’s advantage to invoke cause of action of Informed Consent in
Taiwan’s contract law, rather than to mention that in Taiwan’s tort law, in order to
support his right. In the other hand, it’s important to clarify that medical performance
with a patient’s consent can’t exempt the duty of good administrator both for
medical care institutions and their medical personnel.
Part III argued for a socialization of obligation of information in medical relationship through the acknowledgement of a patient’s reasonable attendance. In fact,
the notion of a patient’s reasonable attendance would serve not only as a criterion
by which a medical negligence is judged, but also as a standard used for assessing a
causation reasoning between a non disclosure of necessary information and a damage
of the patient’s bodily right. Finally, Part IV concludes by offering several
propositions related to the recent evolution of obligation of information in Taiwan’s
medical jurisprudence
Abstract Article

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