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KMID : 0386819920020020225
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Journal of the Institute of Health Environmental Sciences
1992 Volume.2 No. 2 p.225 ~ p.230
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Thoughts on Mediation Law of Medical malpractice Suit
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Abstract
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A medical dispute results from the patients' claim that the medical accident he underwent was due to the physicians' medical faults. After all the astonishing progress of medical science, the medical dispute shows so much increasing tendency
tendency
that it becomes a social problem of great seriousness. Therefore, the research on actual state of medical dispute and the theoretical study concerning medical malpratice have become the urgent tasks in our society.
The causes of the increases in medical disputes consist of the factors of the demander's or supplier's side and the social conditions, such as the increased people's awareness of human rights, the depersonalization in patient-physician
relationship, the
commercialization of medicine, the non-existence of social compensation system for medical damage, and what not.
So as to solve the problems of medical dispute, we should consider both the prevention side that may cause the cases of medical accident and the relief side that may compensate medical damages. Also we should estabilish a fair and persuasive norm
of
conduct and judicial judgment to protect maximum interests of patient on one hand, and to guarantee physician's free medical practice on the other hand.
This paper dicusses issues resulted from the Mediation I aw of Medical Malpratice Suit in Korea.
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