关键词:

告知义务, 知情同意, 司法鉴定, 医疗损害, 侵权责任法

Abstract:

 Objective To study the characteristics of judicial expertise cases of medical damage related to violation of notification obligation, and to distinguish informed notification and informed consent. Methods  55 cases of medical damage liability disputes in violation of the duty of disclosure were reviewed, and the grades and departments of hospitals were divided. The forms and ways of failure to fulfill the duty of disclosure were classified and statistically analyzed. Results Most of the cases occurred in tertiary and secondary hospitals, accounting for 90.9%; Violation of the obligation to inform mainly occurred in obstetrics and gynecology department and orthopedics department; There are 67 faults in violation of the duty of informing, including 42 faults of failing to inform, 21 faults of insufficient informing, 2 faults of delaying informing, 1 fault of informing and 1 fault of informing but not agreeing; There are 16 faults that are presumed not to fulfill the obligation of disclosure to participate in the consequences of damage, of which 15 are minor causes, 1 is the main cause, and 51 faults are presumed not to participate in the consequences of damage. Conclusion In the judicial appraisal of medical damage caused by informed consent disputes, it is necessary to investigate whether the medical institution has informed, whether the informed is sufficient, whether the informed is wrong or delayed according to the tort liability law, relevant laws and regulations, department rules and clinical practice. Analysis of medical staff have the obligation to inform and bear the responsibility for medical damage.

Key words:

informed obligation, informed consent, forensic appraisal, medical damage, tort liability law

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