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KMID : 0357819910150020075
Korean Journal of Legal Medicine
1991 Volume.15 No. 2 p.75 ~ p.86
Medicolegal Aspect on Medical Misdiagnosis

Abstract
Misdiagnosis of a patient¢¥s condition is the cause of substantial proportion of all malpractice suits. The others, of course, allerge that the diagnosis was correct, but somehow the treatment was negligent or inadequate.
Misdiagnosis may involve either of two situations the one is the physician fails to discover a disease which the patient has, and the other is that he tells .a patient who is free of disease that he has a condition from which he does not actually suffer.
The standard of care required in diagnosis is the use of same degree of skill. Care and knowledge as would be used by average prudent physician with his training in the same geographical area.
In any area of medicine, therefore, in which a diagnosis cannot be made with mathematical certainty and precision, which includes virtually all, the simple fact that a misdiagnosis has occurred does not impose liability.
Therefore, fragile areas of medical diagnosis such as misdiagnosis by understanding disturbances, misdiagnosis related with management of disease course, Misdiagnosis due to lack of patient¢¥s cooperation and malingery was discussed in this article.
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