治療行為における同意に関する判例理論の形成(1) : フランスにおける患者の自己決定権の研究

概要

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When a patient's consent (consentement) is given to a certain act, can a doctor perform acts that exceed the consent? The loss of authority on the part of the doctor poses a problem with regard to the principle of informed consent (consent principle). When in the course of the intervention to which the patient had given consent, a change or expansion of an operation is performed, or another operation is needed in the face of a new situation not expected by the doctor, the question arises as to whether that operation in fact turns into an operation without consent. There are two directions in judicial precedent that have contributed to forming the principle of informed consent concerning this problem. The first involves initial judicial precedents, and requires that an intervention must be interrupted until a surgeon obtains a new consent from the patient, strictly adhering to a consent principle. The second direction of precedent is the position that accepts a continuation of the intervention according to the new situation, when a surgeon has determined that it is medically the best solution.
福岡工業大学の論文
2006-02-28