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履行告知义务既是医务人员的法定义务,也是患者应得到保障的合法权益。随着我国法制化建设的完善及人们法律意识的普遍增强,因存在告知缺陷而引发的医疗纠纷案件也在逐年增加。在医疗损害的司法鉴定中,如何合理判断告知缺陷在损害后果中的原因力大小,也是法医学鉴定中经常遇到并需要解决的问题。笔者结合医疗损害司法鉴定中告知缺陷参与度的评定原则,来谈谈医务人员告知的重要性、在医疗实践中的常见缺陷以及如何规范履行告知义务。
Fulfilling the duty of disclosure is not only the statutory obligation of medical personnel, but also the legitimate rights and interests that patients should be protected. With the improvement of our country’s legal system construction and the general enhancement of people’s legal awareness, the number of medical disputes caused by the existence of the notification flaws is also increasing year by year. In the forensic identification of medical damage, how to reasonably judge the cause and effect of informing the defect in the consequence of damage is also a problem often encountered in forensic identification and needs to be solved. The author combines the principle of assessing the degree of participation in defects in forensic examination of medical damage to discuss the importance of medical personnel in informing, the common defects in medical practice and how to fulfill the notification obligations.