医师忠实义务研究

构建医师的忠实义务在于促成利益信赖模式的医患关系。医师的忠实义务源于医学伦理和民事法律,内容包括医疗信息公开,经济利益相反行为的禁止,健康利益相反行为的禁止,期待利益相反行为的禁止等。如果医师违反忠实义务,应给予患者一定的精神抚慰金。

A Study of Physicians' Duty of Loyalty

Establishing physicians?' duty of loyalty is helpful to facilitate benefit-trust mode of physician-patient relationship. The duty, rooted in medical ethic and civil law,includes disclosing medical information, prohibition against doing medical behaviors, for patients?' economic benefit, and health benefit respectively, and prohibition against doing medical behaviors, for patients?' reasonable expectant benefit. If the physician breaks his duty of loyalty, a certain compensation for pain and suffering should be paid to the patient.