Podcast
Questions and Answers
What is the primary obligation of a doctor towards a patient regarding treatment and surgical procedures?
What is the primary obligation of a doctor towards a patient regarding treatment and surgical procedures?
Under what condition is a doctor NOT liable for diagnostic errors?
Under what condition is a doctor NOT liable for diagnostic errors?
What must judges consider when assessing a doctor's obligation to inform?
What must judges consider when assessing a doctor's obligation to inform?
What is NOT part of the doctor's obligation to inform the patient?
What is NOT part of the doctor's obligation to inform the patient?
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When is the doctor not obligated to explain technical details of a treatment?
When is the doctor not obligated to explain technical details of a treatment?
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What can a doctor be held liable for in case of diagnostic error?
What can a doctor be held liable for in case of diagnostic error?
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What method should a doctor avoid using in the diagnosis of a pregnant woman?
What method should a doctor avoid using in the diagnosis of a pregnant woman?
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In which situation is a doctor not liable for an error in diagnosis?
In which situation is a doctor not liable for an error in diagnosis?
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Study Notes
Obligation to Inform the Patient
- Doctor is obligated to inform the patient about the nature of treatment and risks of surgical procedure.
- Failure to inform leads to doctor's responsibility for any damages, even without error.
- Limitations to obligation to inform:
- No need to inform about unlikely results.
- Doctor not obligated to explain all technical details.
- Judge must consider patient's psychological state and doctor's good faith.
- Doctor's sincere desire to save patient's life is also considered.
Doctor's Error in Diagnosis
- Doctor's error in diagnosis not liable unless due to blatant ignorance of scientific profession principles.
- No responsibility if patient's symptoms do not reveal truth (e.g., infections, tuberculosis in early stages).
- Doctor not responsible if diagnosis based on scientific opinion that was preferred over another.
- Doctor liable if:
- Did not use modern scientific methods (e.g., x-rays, microscopic examination) unless patient's condition prohibited.
- Used old methods to examine pregnant woman, potentially harming fetus.
- Did not consult with more experienced colleague to make precise diagnosis.
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Description
The doctor's obligation to inform patients about treatment and risks, including limits and exceptions. Explore the responsibility of doctors in informing patients.