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Following is the answer to your inquiry from Customized Practical Law Information.

Medical personnel's liability for explanation

□ What is medical personnel's liability for explanation?

○ Medical personnel have a duty to explain the entire course of medical practice to patients.

○ Patients have the right to receive sufficient explanations from medical personnel about how to treat their diseases, whether they are subject to medical research, whether they have organ transplants, etc. (Article 12 of the Framework Act on Health and Medical Services) Therefore, the patient can choose whether to receive or not by exercising his or her right to self-determination on the medical practice he or she will receive.

□ Can other medical personnel explain the medical treatment that the patient will receive?

○ In principle, the doctor in charge has an obligation to explain the medical treatment that the patient will receive, but unless there are special circumstances, it is possible to explain through the attending physician or another doctor other than the doctor in charge. However, it is not allowed for medical assistants (nursing assistants, hospital office workers, etc.) who are not doctors to substitute for this.

□ Is there a case where a doctor is exempt from the liability for explanation when doing medical practice on a patient?

○ The more urgent the treatment is, the less the doctor's obligation to explain. For example, if an emergency requires surgery absolutely, or if related surgical site is left unattended during a general anesthesia operation, other surgical sites face significant risks.

○ Except for these urgent medical practices, the medical personnel must comply with their duty of explanation. In particular, even minor or low-risk treatments are not exempt from the doctor's duty to explain, so the doctor should explain to the patient the presence and type of disease, the type and method of treatment to be performed, and any side effects that may occur after medical practice.

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