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告知义务是医师应尽的注意义务之一,在医疗损害赔偿诉讼中原告常以医师在医疗活动过程中未能履行告知义务造成病人损害而要求医疗机构承担赔偿责任。本文介绍了5例有关医师违反告知义务的医疗损害案件及人民法院审理结果,并对医师违反告知义务时如何判定其是否存在医疗过错以及医疗过错与损害后果之间的因果关系进行了分析和讨论,旨在为医疗损害司法鉴定提供参考。
The obligation of disclosure is one of the physicians’ due diligence obligations. In the medical damages litigation, the plaintiff often requires the medical institution to take the liability for compensation if the physician fails to fulfill the obligation of informing in the course of medical activities, causing the patient to suffer damages. This article describes five cases of medical damage caused by physicians in breach of the obligation of disclosure and the results of the people’s court hearing and analyzes and discusses the causal relationship between the doctor’s judgment of whether the doctor has made medical mistakes and the consequences of medical errors and damages when violating the duty of disclosure , Aims to provide a reference for forensic identification of medical damage.