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KMID : 0986719990060010005
Korean Journal of Medicine and Law
1999 Volume.6 No. 1 p.5 ~ p.22
Study on the Gases of medical malpractice
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Abstract
We analyzed the cases concerning doctor¢¥s nigligence brought up in na lawsuit of medical malpractice and casual relations. Today, as the problems of the medical malpractices become a very serious social issue, it is necessary to relate law to the medical practice and evaluate the medical service increasingly.

However, it is not that easy to call someone to account legally since the medical service is highly specific and technical.

The degree of doctor¢¥s carefulness is according to the degree of the specific medical treatment while performing certain medical practice, so it is different from the degree of medical knowledge indicating the degree of academic research. The causal relation in the Case is not one from scientific view, but the one from legal view. The responsibility to provide the proof became loosened in recent cases by estimating the causal relation between cause and result of the medical practice considering the speciality of the medical practice and the difficulty of the patients to provide the proof.

On the other hand, in reality, if we emphasize reducing patient¢¥s responsibility to prove, it would make doctors practice too defensively or excessively since they become afraid of the responsibility. As a result, there will be no more development in the area of medical science and medical technology and eventually it will be the patients who pays for all of these. In the future, more continuous researches should be done in the area of the Cases on medical services to find out the object truth and the right solution by considering the above facts.
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