Abstract
I. Medical contract and fiduciary relationship Consent of medical contract is as follows:a individual generally places its means in a doctor's hands in order that he gets a doctor to cure his mental or physical disease. It presupposes that there is fiduciary relationship among them. A doctor, therefore, gives thoroughly explanation to patient, and then he needs to cure the patient with the consent of him. II. A view of theory There are many theories on a doctor's explanation and patient's informed consent. In this study, however, owing to limited space, I specially examined the theory of Koichi Bai. III. Change in doctor's consciousness Development of a theory should not be merely abstract logic, but its results should make much for the national medical policy. Therefore, we require practical study. I pursued this end by analyzing of questionnaire on medical practitioner and examined the real state of medical practice. IV. The moot points of questionnaire The results of questionnaire suggest remarkable aspect as follows:(1)the importance of history(2)the number of patients(3)interest in medical trouble(4)explanation to patients(5)medical treatment to incompetent person(6)record of clinical chart V. For ideal medical treatment, fiduciary relationship between doctor and patient should be maintained. On that account, we need to amand the medical practitioner law and the dental medical practitioner law now in use, and to make doctor's explanation legal duty.
