论医师的告知说明义务

Issue about Informed Consent of Physician

患者知情同意权的真正实现有赖于医师告知说明义务的履行。医师此义务要在诊疗中又因所处不同阶段在法律中有不同的性质。在具体治疗前为取得患者有效承诺的告知说明义务在医疗契约中为从给付义务 ,而实施完具体诊疗后 ,就有关康复、服药等注意事项所作的告知说明属于附随义务。实践中医师对此两阶段的义务都应当给与同样的重视 ,以利于维护患者的利益。

The true reality of informed consent for patient often depends on the physician's performance of the informed consent obligation. This duty has different characters in law according to the different phase of the medical treatment. Before carrying out the treament, the physician takes the conventional obligations in order to acquire patient's valid consent. However, after accomplishing the detail treatment, the physician should inform patients of the relative notice, such as recuperation advice. From this point, he takes the collateral obligation. The physician should treat equally to these obligations in order to safeguard the patient's benefit.