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KMID : 0362720010390030215
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Journal of the Korean Dental Association
2001 Volume.39 No. 3 p.215 ~ p.228
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The Trend of Rulings in Medical Malpractice Cases The Legislation of Medical Malparction andThe Trend of Current Rulings -Focusing on The Dental Cases-
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Abstract
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Thisis intended to give dentist the guideline of avoiding dental malpracties suit and getting
some reasonable solutions in the suit. This paper analyzes the law provisions that are applied
that are applied to medical malpractice litigations and the trend of rulings in such litigations.
Particularly, it provides the comparative analysis between Korean and Japanese dental malpractice cases.
As the analysis of the trend shows, the Korea Supreme Court recognizes that it is so hard for patients
to provide evidence in the litigations. And it emphasizes that doctors should fulfill their professional
commitment and explain the method and result of treatment as well as the prognoses and sequelae of
disease in detail.
As a result, it can significantly reduce the risk of litigation when dentists treat patients more carefully
and give detaild explanations to patients. Most of the medical suits occur when doctor are unfaithful to
their patients and patients are not able to control their emotions.
Therefore, dentists had better try to answer all the questions from patients and understand
their emotions with sincerity. In addition, it is recommended that dentists should be advised
by lawyers and be positive and coperative with the court's meditating efforts, when involved in such
litigations.
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