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KMID : 0986720000080020063
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Korean Journal of Medicine and Law
2000 Volume.8 No. 2 p.63 ~ p.82
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Review of the Japanese Cases on the Duty of Medical Inquiry
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박태신
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Abstract
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Despite the recent development of the medicine, the medical malpractice increased rapidly compared to the past. The reason is that the use of the legal relief system on doctors refusal against patients demands or the medical practice unsatisfied by the patients is more generalized in these days.
Nevertheless, since it is common that the countermeasure of the medical practitioners is unskillful, the continuous and further study is required.
This article first examines medical inquiry at the first stage of the medical practice focusing on the Japanese cases. Even though the duty of medical inquiry is the duty to care required for all the physicians, it comes under the duty of collecting information rather than the duty of avoiding the outcomes. The doctors should follow the reasonable duty of medical inquiry according to the standards of each medical practice and if they acted against it. then it should be examined whether the outcome could be avoided while admitting the malpractice.
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KEYWORD
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