The Liability For Medical Infringement Of The Notification Of An Obligation

The obligation of medical disclosure is a legal obligation of the doctor,which allows the patient to know more information,so that the patient can make the treatment on the basis of self-determination,what kind of treatment to use the independent judgment,and on the basis of self-determination,to realize responsibility.The fifty-fifth provision of the tort liability law stipulates the obligation of medical disclosure,which is the consent after notification.However,in the judgment of violation of the obligation of disclosure,the complexity of medical activities often becomes the focus of the dispute in practice,which also aggravates the contradiction between doctors and patients.From the point of view of the establishment of the obligation of informing,this paper aims to establish a standard of judgment suitable for our country through the measurement of the violation of the standard of judgment of the obligation of medical disclosure at home and abroad and to establish a standard of judgment which is suitable for our country so as to promote the harmonious development of the relationship between doctors and patients.This article is divided into four parts.The first part is the establishment of the obligation of notification.Starting from the Bolam standard,this paper describes the origin,development and limitations of Bolam standard in detail.The information disclosure standard of the patient's independent decision is the basis of the disclosure obligation,and the scope and limits of the disclosure obligation are determined through the balance between the doctor and the patient's information disclosure standard.The second part is the criterion of judging the breach of disclosure obligation.This article mainly from the medical industry oriented standards and patient needs oriented standards in two aspects.Medical industry oriented standards are also different in diagnosis,advice and treatment,and patient demand oriented standards can be divided into subjective criteria for specific patient needs and objective criteria for patients' needs.The conflict and resolution of these standards need to be judged in the specific position of our country.The third part is the judgement of causation between breach of duty and damage.There is no difference between the damage result,the illegality and the damages of the other cases.Therefore,this paper focuses on the analysis of the causal relationship between the breach of the disclosure obligation and the damage,and focuses on the difficulties in the two medical activities.The fourth part is a proposal to perfect the medical tort liability for breach of notification obligation.Through the unification of the violation of the obligation to the doctor and the standard of judgment,this article advocates the establishment of the judgment standard of the violation of the informing obligation of the patient,through the ethical basis of the informing obligation.At the same time,the judgment of causality is determined in this paper,and the causality of medical tort is distinguished from the content,so as to promote the development of the relationship between doctors and patients.