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KMID : 0377619970620050409
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Korean Jungang Medical Journal
1997 Volume.62 No. 5 p.409 ~ p.412
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Law Application in Cardiac Claims
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Abstract
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The law of averages dictates that most individuals suffering from a heart disorder will have been subject to some form of physical, thermal, or physiologic traumma in varying degree, preceding an acute phase or the initial detection of the condition. A traumatic experience may precede by moments or actually coincide with the cardiac event.
The law of society attempts to determine if such trauma is causally significant With the exception of those cases where the issue is solely one of disability evaluation. Most legally controverter cardiac claims are primarily concerned with the problem of causation. Simply stated, the basic legal issue is whether a particular incident, episode, accident, traumatic factor, or events caused a climate´s cardiac illness, disability, or death. If so, there may exist a legal liability with an award of monetary damages to the plaintiff or those claiming through him, on one side, and an assessment of financial responsibility on the defendant, on the other. This paper, therefore, discussed medical concept of causality and legal requirements concerning opinions causality in cardiac claims.
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KEYWORD
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