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KMID : 0357819980220020095
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Korean Journal of Legal Medicine
1998 Volume.22 No. 2 p.95 ~ p.99
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The Patient’s Rejection of Treatment and the Doctor’s Responsibility
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Yi Sang-Don
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Abstract
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The intercourse for mutual understanding between the doctor and the patient is an essential factor of successful medical treatment. The law should confine its duties to forming conditions where the remedial discourse can be held freely and peacefully. Under the Art. 16 of the medical law, however, the structure of free remedial discourse is distorted by asymmetrically distributing the rights and obligations between the doctor and the patient.; The doctor’s responsibility to treat the patient ends as soon as the recipient decides to terminate it on his or her own volition. In the case of patients requiring immediate attention the doctor and the patient should discuss the matters of the medical, ethical and political aspects of the termination of treatment with religious men or women etc. If the above mentioned is properly carried out, any decision is fully legitimated regardless of the its content.
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