原本想po两个美国的医疗过失判例上来，然後分析其中关於 医疗过失的认定标准，作为大家的参考，但是，因为我惯用 的法律搜寻系统找不到我学过的Case，所以，我只好从goo- gle上找来其中一个Case的case brief，就是我们平常上课的 时候常常被老师要求写的家庭作业。 这份case brief的作者无法在网路上查到，但是好像是来自 University Casebook的出版商，网址是: lawschool.mikeshecket.com/torts/moorevtheregentsoftheuniversityofcalifornia.htm 嗯，anyway，这份brief已经让英美法每学期都在及格边缘的 我汗颜了... Moore v. The Regents of the University of California Supreme Court of California, 1990. 51 Cal.3d 120, 793 P.2d 479, 271 Cal.Rptr. 146. ( Prosser, pp. 188-191 ) Facts: The plaintiff went in for treatment of leukemia. The defendant used cells from his spleen for profit. The plaintiff sued for a bunch of stuff including conversion of his spleen cells, lack of informed consent, and breach of fiduciary[1] duty. Issue: Does a physician have a duty to inform the patient of his economic interest in a particular course of treatment? Rule: A physician must tell the patient if he has personal interests that may affect his professional judgment. If he fails to do so, he may be liable for malpractice based on breach of informed consent. Analysis: The court uses three principles: 1. An adult has the right to control his own body. 2. Consent is only effective if it is informed consent. 3. The doctor must tell you about everything that is material to your decision to give consent. Thus, a doctor, in getting your informed consent, must tell you about all of his interests that may affect his judgment, or else he may be liable for performing medical procedures without informed consent. There is a competing interest in withholding information if giving the information would make a patient make a bad choice. However, the court feels that this applies only in cases where the doctor is acting solely in the patient’s best interests. The court finds that this is not the case here. Conclusion: A bunch of stuff happens, but essentially the court rules that there must be a consideration of the merits of the causes of action for lack of informed consent and breach of fiduciary duty on the part of the doctor who took the spleen. --

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