论文部分内容阅读
医师专业人士责任是以委托关系为依据,直接由医师本人承担不利后果的一种责任方式。它不同于我国现存的内部责任理论,大多数发达国家都采用这种责任方式。具体来说,其主要有“高度注意义务违反型”、“忠实义务违反型”、“说明义务违反型”和“保密义务违反型”四种类型。在内部责任理论不能有效化解医患关系危机的前提下,医师专业人士责任在义务分类及责任承担等问题上颇有借鉴与参考。
The responsibility of a physician professional is based on the trust relationship, which is a direct responsibility of the physician to bear the adverse consequences. It is different from the existing theory of internal responsibility in our country. Most developed countries adopt this kind of responsibility. Specifically, there are four types: “High Attention Deficit Breach”, “Loyalty Obligation”, “Description Obligation of Violation” and “Confidentiality Obligation”. Under the premise of the internal responsibility theory can not effectively resolve the crisis of the doctor-patient relationship, the responsibility of the physician professionals is quite useful for reference in the classification of obligations and the assumption of responsibility.