{"title":"根据《医疗法》第24-2条对医疗实践的解释是否保护了患者的自决权?","authors":"Jae-kyeong Yi","doi":"10.22397/bml.2022.29.87","DOIUrl":null,"url":null,"abstract":"The Article 24-2 of the Medical Act is different from the right to self-determination of a patient. The notice and consent according to the Article 24-2 are different from the informed consent for the right to selt-determination of patient. This article concerns procedures for invasive medical practice. This article is not about explanation and consent to respect the patient's right to self-determination. Therefore, it is necessary to impose duties centering on records of explanation and consent. The patient's right to self-determination is recognized in the doctor-patient relationship. Doctors bear the duty of explanation not for public health, but for the individual patient's right to self-determination. If so, this provision needs to be amended into a provision with procedural meaning to monitor surrogate surgery.","PeriodicalId":430360,"journal":{"name":"Wonkwang University Legal Research Institute","volume":"213 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The explanation of medical practice according to the Article 24-2 of the Medical Act does a protect the patient's right to self-determination?\",\"authors\":\"Jae-kyeong Yi\",\"doi\":\"10.22397/bml.2022.29.87\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The Article 24-2 of the Medical Act is different from the right to self-determination of a patient. The notice and consent according to the Article 24-2 are different from the informed consent for the right to selt-determination of patient. This article concerns procedures for invasive medical practice. This article is not about explanation and consent to respect the patient's right to self-determination. Therefore, it is necessary to impose duties centering on records of explanation and consent. The patient's right to self-determination is recognized in the doctor-patient relationship. Doctors bear the duty of explanation not for public health, but for the individual patient's right to self-determination. If so, this provision needs to be amended into a provision with procedural meaning to monitor surrogate surgery.\",\"PeriodicalId\":430360,\"journal\":{\"name\":\"Wonkwang University Legal Research Institute\",\"volume\":\"213 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-06-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Wonkwang University Legal Research Institute\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.22397/bml.2022.29.87\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Wonkwang University Legal Research Institute","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22397/bml.2022.29.87","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The explanation of medical practice according to the Article 24-2 of the Medical Act does a protect the patient's right to self-determination?
The Article 24-2 of the Medical Act is different from the right to self-determination of a patient. The notice and consent according to the Article 24-2 are different from the informed consent for the right to selt-determination of patient. This article concerns procedures for invasive medical practice. This article is not about explanation and consent to respect the patient's right to self-determination. Therefore, it is necessary to impose duties centering on records of explanation and consent. The patient's right to self-determination is recognized in the doctor-patient relationship. Doctors bear the duty of explanation not for public health, but for the individual patient's right to self-determination. If so, this provision needs to be amended into a provision with procedural meaning to monitor surrogate surgery.