法學期刊
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論著名稱: 對外籍病人之說明義務履行(The Performing of the Duty of Explanation to the Foreign Patient)
編著譯者: 侯英泠
出版日期: 2017.06
刊登出處: 台灣/月旦醫事法報告第 8 期 /152-157 頁
頁  數: 4 點閱次數: 454
下載點數: 16 點 銷售明細: 權利金查詢 變更售價
授 權 者: 侯英泠
關 鍵 詞: 外籍病患病患協力義務說明義務
中文摘要: 甲為在臺工作之越南人,曾因病到醫師乙的診所進行治療但未獲改善;乙為甲安排回診,以便進一步檢查,但甲因不諳中文而未回診,因此造成病症加劇。醫師固然應以一般人能理解的語文與說明對病人說明病症,但縱使無法使外籍病患明確知悉,可能僅止缺失而非過失。必要時,醫師可得病人同意,請第三人協助翻譯說明。與此同時,病人亦應評估自身語文能力,是否足以了解醫師說明,並主動告知醫師了解能力,以利醫病雙方溝通之順暢。德國實務見解也肯定病人於醫療過程有協力義務,即主動找尋信賴人陪同就醫、主動使醫師知悉有限的理解能力並同意尋找第三人協助翻譯及說明。
英文關鍵詞: foreign patientcooperative duty of patientduty of explanation
英文摘要: A is a Vietnamese who works in Taiwan. Because of illness, the A had gone to the B's hospital but the condition didn't improve. The B arranged a back visit for the A, in order to exam further. Nevertheless, the A didn't go back due to being unfamiliar with Chinese. A's condition exacerbated as the result. Even though the physician has to explain the syndrome to the patient with the language which can be understood normally, it is still only a deficiency instead of a fault, when a foreign patient can't understand the explanation of the physician. If necessary, a third party, whom the patient consents to arrange, could assist the physician by translating the explanation. Meanwhile, the patient has to evaluate his / her language ability, if he / she can understand what the physician explains or not. Furthermore, he / she shall tell the physician what he/ she understood. So that the communication between the physician and the patient could be better. Moreover, the German judicial opinions have approved that the patient has cooperative duties during seeking medical advice, including being accompanied by whom is trustful, reacting immediately when the patient didn't understand the explanations of the physician, and consenting to arrange a third party, who can translate the explanations.
目  次: 壹、案例
貳、爭點
參、分析與討論
肆、結論
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