OBLIGATION OF PHYSICIANS TO EXPLAIN AND SELF-DETERMINATION RIGHT OF PATIENTS
The protection of patients' right is one of the most serious issues in the course of such highly divided and specialized conducts of medical doctors as practiced today.
Since medical doctors are usually given fair grade of authority for their medical judgements, there comes on the scene the necessity to protect the right of patients from danger of being exposed to peremptory treatment of medical doctors. Moreover, the treatment of doctors may incur the intrusion into the bodies of patients, an act which requires the prior consent of patients in order to be deemed justifiable. If a patient does not know about what a doctor is going to do for treatment, the patient may not be able to agree to it. This is why the obligation of medical doctors to explain is emphasized with a view to assure the right of patient's self-determination concerning medical treatment.
The present paper reviews primarily the scope of doctor's obligation to explain, which is believed today to constitute one of doctor's responsibilities together with those of medical examination, medical record keeping, presentation of medical charts for view and observance of secrecy. This study also covers the effects of violation of such obligations.
A brief comment will follow lastly to deal with the basis for recognition, contents and effects of consent by patients for the intrusion into patients' body which is a prerequisite to make the treatment of medical doctors justifiable.