Study on medical damage liability dispute cases involving breach of the duty to inform
10.12026/j.issn.1001-8565.2025.05.06
- VernacularTitle:违反告知义务医疗损害责任纠纷案件研究
- Author:
Yan ZHANG
1
;
Jinping WU
1
;
Han TIAN
1
;
Jianyu ZHOU
1
Author Information
1. School of Management， Shandong Second Medical University， Weifang 261053， China
- Publication Type:Journal Article
- Keywords:
duty to inform;
informed consent;
type of disclosure;
medical dispute
- From:
Chinese Medical Ethics
2025;38(5):582-587
- CountryChina
- Language:Chinese
-
Abstract:
ObjectiveTo understand the current situation of medical damage liability disputes involving breach of the duty to inform in China， analyze the factors influencing the types of medical staff’s breach of the duty to inform， and explore the notification problems of medical staff in clinical practice. On these foundations， suggestions were proposed to improve the performance of the duty to inform and reduce medical disputes. MethodsUsing public cases from the China Judgements Online as the data source， the relationship between risk points and types of breach of duty to inform was analyzed using the Chi-square test. Logistic regression analysis was performed to explore the influencing factors of the types of breach of the duty to inform， and qualitative research summarized the specific contents of breach of the duty to inform. ResultsThere were differences in the effects of factors， including whether the patient was hospitalized， whether surgery was performed， whether Intensive Care Unit （ICU） treatment was required， the level of the medical institution， and whether a consultation occurred， on the types of breach of the duty to inform （P<0.05）. Whether surgery was performed was an influencing factor for the types of breach of the duty to inform. Qualitative research showed that the contents of breach of duty to inform primarily involve risk， treatment plan， and deficiencies in disease notification. ConclusionStrengthening the performance of the medical staff’s duty to inform should mainly focus on the medical side， coordinating with multiple parties and taking measures to improve the performance of the duty to inform， to reduce unnecessary medical disputes.
