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KMID : 0986720040120020101
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Korean Journal of Medicine and Law
2004 Volume.12 No. 2 p.101 ~ p.145
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Medical Considerations for the Extent of the Informed Consent -In The Supreme Court 1994.4.15, 92da25885-
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Lee Kyoung-Seok
Lee Kyung-Hwan
Kim Jung-Eun
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Abstract
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The number of medical malpractice suits is growing rapidly in Korea. In the past, the plaintiffs had all the burden of proof, but due to their lack of medical knowledge, most of the law suits were lost. However, Korean courts are now relieving the plaintiffs from their burden and instead are requiring the defendants to prove their innocence. At the same time, plaintiffs are now arguing that their rights to privacy have been violated by the doctors though arguing that informed consents have not been signed due to inadequate information from the doctors. Courts are accepting these arguments by the plaintiffs. The Supreme Court 1994.4.15, 92da25885 is a case where doctors prescribed steroid for an unconscious patient with increased intracranial pressure due to brain edema caused by head trauma. The patient recovered and the administration of the steroid was stopped. However, the patient showed signs of facial palsy and steroid was administered for the second time. The patient recovered and was discharged from the hospital after two months. 18 months after discharge, the patient was diagnosed with avascular necrosis of the femur head. The patient sued the doctor and the hospital for using steroid without his consent. Although lower courts decided that the decision of the doctor at the time did not need informed consent from the patient, the Supreme Court decided otherwise saying that rare it may be, since avascular necrosis of the femur head was a known side effect of steroid the doctor should have informed the patient or his family members before administration. However, informed consent should only apply to information which are widely known and accepted in the field of medicine. Avascular necrosis due to steroid use is still under controversy and a definite relationship between the two has not been decided. Doctors should not be responsible for informing patients for those which are extremely rare and not an everyday knowledge.
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KEYWORD
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informed consent, rights to privacy, osteonecrosis, avascular necrosis, steroid
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