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KMID : 0986720090170010095
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Korean Journal of Medicine and Law
2009 Volume.17 No. 1 p.95 ~ p.120
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The faithful medical responsibility and the limit of admission in medical malpractice litigation
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Ahn Bup-Young
Baek Kyoung-Hee
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Abstract
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Recently, the Supreme Court authorized the responsibility of illegal conduct to medical fault in medical malpractice litigation, although there was not a causal relationship between medical fault and damages. In spite of the fact that a plaintiff alleged the nonfulfillment of a financial debt in medical contract, the Supreme Court judged the responsibility of illegal conduct, not a plaintiffs contention. However, it was a wonder whether organization of legal principles in the nonfulfillment of a financial debt was impossible or not. Also it is very equivocal what cases legal principles of the Supreme Court is applied without the references to the concrete criterion of judgment of the limit of admission.
This paper deals with legal principles of the Supreme Court in medical malpractice litigation and organizes legal principles in the nonfulfillment of a financial debt via deducing the faithful medical responsibility in medical contract. Also, this study recommends how the limit of admission in malpractice litigation is judged.
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KEYWORD
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medical malpractice litigation, medical fault , illegal conduct , medical contract , faithful medical responsibility
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