Medical Ethics: Patient Informed Consent

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.