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KMID : 0614720130560080648
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Journal of Korean Medical Association
2013 Volume.56 No. 8 p.648 ~ p.654
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Civil liability for medical malpractice
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You Hwa-Jin
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Abstract
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Medical disputes are rapidly increasing due to patients’ rising awareness of their rights and greater access to medical information. Medical negligence means the breach of the duty of care based on the level of medical acts currently carried out in the field of clinical medicine at the time of performing the medical acts. To hold medical personnel liable for breach of the duty of care, the breach of the duty of care in medical acts, generation of damage, and the existence of causation between them should each be proven. The victim bears the burden of proving the elements. Considering the nature of medical acts such as the high degree of professionalism, doctor’s discretion and incompleteness of medicine, judicial precedent has established a theory to ease the victim’s burden of proof. When a doctor has corrected medical records after acci-dent, this is an act of obstructing verification. The court can use this fact against the obstructing party upon free evaluation of evidence. The liability for explanation is one of the doctor’s most important duties. Moreover, doctors should prove that they fulfill the duty of explanation. This paper reviews the civil liability for medical malpractice. Due to the nature of a doctors’ work, being charged with the lives, bodies, and health of patients, medical accidents may be inevi-table. Therefore, it is becoming more important for medical personnel to acquire ongoing medi-cal knowledge, keep medical records thoroughly, establish a good rapport with patients and faithfully perform the duty of explanation.
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KEYWORD
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Medical malpractice, Medical dispute, Burden of proof, Duty of explanation
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