| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 96 === Viewing from medical morality of the traditional medicine mold, doctors do not have what so-called the“Explanation Duty”to patients. For the conventional medical morality at that time, doctors had authoritativeness either in morality or in expertise that made patients descend to objects of the medical behavior. There was entirely no right for the patient to request doctors to expound his condition, thus, the patriarchal medical mode based on doctors’ base emerged.
The traditional medical morality is not only challenged, but also gradually turning to reformations after going through the value of modern society to human dignity, the rise of the movement of medical human rights, and the advance of medical science. The presentation of four major principles of the new medical morality, especially the conception to respect patients’ autonomic principle, makes the medical morality become more and more awakening and highly regarded. To implement thoroughly the principle of respect and autonomy, to fulfill and protect patients'autonomy, and to respect the autonomic principle, various specific moralities and obligations are gradually involved into a norm for doctors to comply with; among which, the most important thing is the principle of “Consent is succeeded by advice”, which is not only involving into doctors’moral standard here in Taiwan, but also enhancing, step by step, the interpreted duty that doctors shall be responsible to patients in accordance with the provision of our medical statute.
To implement the target of patients’autonomy, the principle of “Consent is succeeded by advice”in doctors'concrete moral duty is intensified as a legal obligation for doctor to illustrate patients’conditions. In currently judicial practices, the most important judgment given by the Supreme Court (No.94-Shang-Tsi-Di -2676) in respect of the patient autonomy and doctor’s explanatory duty is definitely ensuring the scope of doctors’explanatory duty and the exceptional stipulation, the sentence of which may be ranked as the significant step to walk forward in terms of medical relationship in our country.
From the cases of medical dispute in recent years, we may find the poor medical relation here in Taiwan is caused by doctors having no duty to explain patient's condition. Although it is one of the reasons, it still leads to a lot of medical disputes that originally can be avoided. Regardless of the theory of doctor's explanatory duty being evolving, we are still facing so many difficulties in respect of the theory that makes patient's autonomic theory having a distance from the reality. The current bureaucratization of medical mechanism brings neither warm nor humanized perception to patients that make patient’s autonomic philosophy which emphasized by medical morality become hollow words. The incomplete legal institution of patient’s autonomy and doctor's explanatory duty is also subjects that all of us have to jointly research and work out.
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