The Effect of Informed Consent Doctrine in Criminal Law

• Main Authors: CHANG,CHE-MING, 張哲銘
• Other Authors: LEE,KAI-UAN
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/60497971411837084665

碩士 === 銘傳大學 === 法律學系碩士班 === 104 === Instead of traditional paternalism relationship between physicians and patients, the modernization of medical relationship showed deference to patients’ autonomy. Before any medical intervention, physicians should perform the duty of disclosure first, and then obtain patients’ consent. That is the doctrine of informed consent. This paper explored the origin and development of informed consent. Also, discuss the elements of how to perform physicians’ duty of disclosure, the way to obtain patients’ consent and the particular exceptions. Based on the related studies, this paper probed the inadequate regulations on Medical Care Act, Physician Act and Patients’ Autonomy Act promulgated this January. To make recommendations to the acts is in need of revision. Furthermore, what is the result of breach the doctrine of informed consent? There are penalties on administrative responsibility. Besides, both tort law and contract law impose a duty of disclosure on physicians to assert patients’ autonomy. In criminal law, whether breach the doctrine of informed consent or not. It’s not necessary to commit a negligent or intentional crime. Lastly, I came up with a judgment made by the Supreme Court as an instance to explore the practice of the doctrine of informed consent in court.