| Summary: | 碩士 === 東吳大學 === 法律學系 === 94 === This thesis examines medical disputes by focusing on the due process of “informed consent” on the basis of operation permit forms. In the past, doctors who decided upon treatments for their patients were given all authority. The patients, being like helpless children in the eyes of their doctors, did not know how to choose their own medical treatment. The doctors did not reveal too much information so as to reduce the anxiety of their patients. This kind of “order-obey” relationship between doctors and patients made patients feel like they could not challenge the authority of the doctors. However, due to easy access to medical information and to the rise of human rights, this kind of unequal relationship between doctors and patients has gradually changed and self-deciding rights of the patients has gained more attention. Due process of “informed consent” has been well-developed in common law system, which has also been introduced to our medical system.
According to the new revision of Medical Act of Taiwan in 2004, there are five articles (including article 63, 64, 78, 79, 81) involved with “inform consent”. It is obvious that the issues of “informed consent” have gotten more attention than ever in our society.
By comparing the old and new versions of the operation permit forms, this paper summarizes the results of surveying the general public, medical personnel and legal personnel of their understanding and opinions toward the operation permit form. However, good communication between patients and doctors is important in order to build up a relationship free from anxiety, hesitation or insincerity, above all, will reduce medical disputes and a well medical culture of affirming the patients’ self-deciding rights will be a prevailing value.
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