Breach of the doctrine of informed consent:medical judgment?
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    Abstract:

    Under conventional medical negligence framework, as an indication of extraprofessional’s respect for medical profession, medical judgment has played an important, even decisive role in the lawsuit. Informed consent law provides a distinctive context, different from that of diagnosis and treatment. The patient-oriented standard of disclosure suggests that the focus of law has shifted from experts to patients. The analysis of medical judgment also indicates that medical judgment only has value in the context of appreciating medical information and invoking“therapeutic privilege”, the materiality of risk information is for layperson knowledge and human judgment. Careful definition of“therapeutic privilege” will inevitably further diminish the role of medical judgment.

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赵西巨.是否违反“知情同意”法则是医学判断吗?[J].南京医科大学学报(自然科学版英文版),2009,29(3):212-216.

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  • Received:February 18,2009
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