Judicial Scope on Informed Consent to Surgical Operation

, Bum-Yeul Lee

Original Article

Korean Journal of Legal Medicine 1981;5(Suppl DB Error: syntax error):62-64.

Korean Federal Bar Association

Abstract

Current judicial evaluation in medical field has never been satisfiable to medical personnel. In principle, it requires the consent of the patient in medical treatment, especially in invasion upon the body. The author deals with the nature of consent. Valid consent premises the recognition of patient in the nature, meaning, extent of hazard of the medical invasion. Physician should explain the danger attended by surgical operation in principle. It is extremely difficult to establish standards about the scope of explanation. However, objective elements in the standard would be severity of the disease, possibility of recovery, hazard attended by invasion, depth of invasion, object, etc.; subjective elements would be personality, age, culture, especially attitude, confidence with physician, and occupation of patient.