説明義務の研究二 : 説明しなくて良い基準について

概要

論文の詳細を見る
In the Informed Consent, there are some exceptional cases in which the explanation to a patient is not required. They are the cases of a patient in the unconscious state where the confirmation to the patient is not possible and the cases in which little risk is expected and the explanation is not required though the patient's agreement is necessary. These cases are well known in general, but considering the present situation such as remarkable progress in technology and diversification of the situation, general concern only to these cases is not sufficient. In this report, 8 judicial precedents in the past, which decided the Informed Consent unnecessary, have been critically reviewed, and the cases which didn't require the explanation have been classified in more detail. In the 8 examples, the author found that there were three types of cases. First, there were some cases that the author regards it as suitable not to explain a patient. Secondly, there were some cases that the decision of non-violation of the Informed Consent was correct at that time, but the situation has changed due to the remarkable progress in medical sciences and they need to obtain the patient's Informed Consent at present. Lastly, there were some decisions which did not understand the idea of the Informed Consent at all and the reasons for the decisions were not clear.
日本医学哲学・倫理学会の論文
2000-12-15