Of The Medical Notification Obligation

As the highly scientific medicine,most patients don't fully understand obscure medical knowledge,and doctors are the agents of medical knowledge who can't make every patient understand the aim liking a teacher in the medical practice,which cause the strained doctor-patient and the increasing number of medical injury liability disputes year by year.Through the form of cases,the standard of medical staff to fully fulfill the obligation to inform is introduced.Countries around the world have different views on this standard.Medical disclosure obligation is the extension and development of patients' informed consent right.How to fully fulfill this obligation can better maintain patients' informed consent right is worth studying.This paper explores the regulations of developed countries and Taiwan on this issue to provide reference for improving China's medical information obligation.Developed countries and Taiwan have stipulated that medical information obligation is divided into two parts: about patients and medical staff.The existing laws in China do not have uniform provisions on this issue.Article55 of tort liability law provides for the first time the liability for damages for not fully fulfilling the obligation of notification,but the provisions do not distinguish different damage consequences.Through case search analysis,the deficiencies in judicial practice are mainly the high degree of dependence on expert opinions,some courts do not recognize the claim that patients' right of informed consent is damaged alone,and the reasoning part of judgment is not enough.According to the research,first of all,we should unify the legal provisions of medical disclosure obligation,specify the mode of liability for injury,and specify the standards for fully fulfilling the disclosure obligation.In judicial practice,judges attach importance to the substantive information of reviewing cases.Strengthen the prior supervision of the medical information obligation,ensure the normal performance of medical staff obligations,maintain the order of diagnosis and treatment activities,and maintain the right of informed consent of patients.