The Duty to Explanatory of TCM Treatment Contract

Abstract

Summary In the past people seldom discussed the explanatory obligations of TCM treatment contract From the perspective of TCM this study tries to clarify what the explanatory obligations of TCM treatment contract are and its characterization and focuses on the discussion of diseases sub-health constitutional adjustment and related diet Taboos (can be divided into two types: "Diet taboos that are directly related to medicinal effect or treatment of illness" and "Diet taboos that are related to body constitution but not directly related to the chief complaint of illness") health care ( It can be divided into "health care that is directly related to medicinal effect or the treatment of illness" and "non-constitutional non-relevant treatment but prevention knowledge that can strengthen the body") and referral items After that first discuss whether the aforementioned items fall within the scope of TCM medical treatment and after all items are answered affirmatively the obligation to inform and explain the aforementioned items will be qualitatively determined and the conclusions about the explanation of diseases sub-health constitutional adjustment and "Diet taboos that are directly related to medicinal effect or treatment of illness" "health care that is directly related to medicinal effect or the treatment of illness" and the instructions of referral belong to the performance of the main obligation And the explanation of "Diet taboos that are related to body constitution but not directly related to the chief complaint of illness" is a subordinate obligation As for the the explanation of "non-constitutional non-relevant treatment but prevention knowledge that can strengthen the body" is an accessory obligation Finally for the previous types of the breach of explanatory obligations excepting for the last type of accessory obligation having no damage only an explanation requested and the violation of the other types of explanation obligations which causes damage to the patient should be applied the relevant provisions of the appointment and the imperfect performance provisions

Date of Award	2021
Original language	English
Supervisor	Ing-Ling Hou (Supervisor)