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TITLE Supreme Court Decision 2020Da218925 Decided March 9, 2023 ¡¼Damages (Medical)¡½ [full Text]
Summary
¡¼Main Issues and Holdings¡½ [1] Details of the physician¡¯s duty to provide an explanation [2] Whether a doctor has a duty to provide an explanation with regard to a medical act to a minor patient (affirmative in principle) In a case where a doctor provided an explanation to the parental right holder or legal representative of a minor patient, whether the doctor is considered to have performed his or her duty toward the minor patient by having such explanation communicated to the minor patient via the parental right holder or legal representative (affirmative) In a case where there are special circumstances necessitating a doctor to directly provide an explanation to a minor patient with regard to a medical act and obtain consent, whether the doctor has a duty to provide an explanation directly to the minor patient (affirmative), and the level of detail required of the explanation
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