医师履行告知义务的判定标准

The Judging Criteria of Medical Disclosure Obligation

当前中国医患矛盾频发,其原因之一在于医患间信息不对称所造成的信任缺失,因此医师告知义务被规定为医疗过程中的法定义务,成为判定医疗行为是否侵权的要件之一,医师是否履行告知义务的判定标准亟待确立。综合各派学说,合理医师与询问告知(明示的具体患者)标准更具操作性,有利于医患双向沟通的实现。

One of the main reasons for the frequent occurrences of medical disputes, in medical practice in China, is the lose of trust caused by information asymmetry between physicians and patients. As a result, medical disclosure is enacted as a legal obligation in the process of medical care and as an important standard to determine whether there exists illegal in med- ical action. It is pressing and necessary to establish judging criteria of medical disclosure obligation. Professional and inquiry told standard （the standard of express specific patient）, among all related theories, is more appropriate to practice and beneficial to realize the two-way communication.