The Coastruction of the Doctor's Explanation Duty in the Theory of Agreement upon Having Inside Information

The theory of agreement upon having inside information in the sphere of medical compensation damages is built up on the basis of interest trust mode of the doctor-patient relationship, having different-level functions of medical ethics and medical laws and initiative and negativity. The theory of agreement upon having inside information, as the jural relations between doctor and patient, having the nature of totality, can constitute the basis for liability and an independent basis for claim. Whereas the doctor's explanation duty in the sphere of the theory of agreement upon having inside information may consider it as the logic premise of efficient agreement, taking the theory as a total independent duty to exert on the medical organs. The full implementation judgment of doctor's explanation duty shall be set up on the basis of rational doctors and sufficiently balance the standard of patient towards the protection of patient interest.