Study On Physician's Duty Of Disclosure

The word"physician's duty of Disclosure"originates from the theory of"Informed Consent"in the common law. According to the Black law dictionary, it is meaning doctor must make detailed explanations to the patients, such as the risks, results and obtain the patient's agreement before performing medical procedures. It is called"Informed consent"in America law,"physician's duty of disclosure"in Taiwan,"physician's explanation and patient's agreement"in Japan. In our country it is often called"knows the circumstances of matters and agrees". Strict says,"Informed Consent"includes explanation and agreement that is different and connected concepts in the law."Explanation"is the premise and foundation of"agreement", decides the validity of the patient's agreements. Understanding is the foundation of agreement, which rely on the doctor's explanation.Physician's disclosure theory roots in the legislative precedents in American. There are advanced legislative visualizations and doctrines in America, German, Japan as well as Taiwan. But in our country, researches are most based on the theory"knows the circumstances of the matter", emphatically pay attention to the patient's right and neglect the physician's duty of disclosure. Therefore, the article tries to research on"the duty of disclosure", takes the physician as the research angle of view, use the method of comparison test.Contents of this article mainly includes: the general theory and implications of"the physician's duty of disclosure", physician's explanation theory in the comparison law, as well as the legal liability in civil law. Finally, analysis the legal liability in the domestic law, and puts forward the proposal to the judicial practice.