| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 105 === With the consumer awareness rising, more and more people choose to sue their doctors in the medical accident. The informed consent rule comes from patient’s self-awareness and developing self-decision rights. Under this situation, doctors have to explain patient’s condition and all probable way before surgery.
However, if doctors violating the informed consent rule, they might be sued by their patients and bearing criminal responsibility. This acritical is written for clarifying the mistake of using informed consent rule. By observing the court verdict, we can find out that the court has made a connection between the judgment of the criminal liability and the informed consent rule.
In criminal cases, the judgement of criminal liability must follow the principle of the principle of criminal law like the principle of act-timing. Medical criminal cases are not different from ordinary criminal cases. Oddly enough, we can find that there is no standard process for judging criminal responsibility in medical criminal cases. Therefore, this article also attempts to establish a reasonable set of criteria in order to solve the medical criminal cases to determine the status of the standard is unknown.
Another topic is the relationship between misdiagnosis and the judgement of criminal responsibility. Many people often mistakenly believe that misdiagnosis is a fault on the criminal law, but in fact the two are not absolutely related. Misdiagnosis is a medical concept, not without criminal significance. Medical review is a high standard to check the front of the medical behavior whether there is a more perfect approach. However, the judgment of the breach of duty of the criminal offense is not a perfect standard, but only the appropriateness of the act.
|
|---|
