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KMID : 0986720140220010209
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Korean Journal of Medicine and Law
2014 Volume.22 No. 1 p.209 ~ p.228
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A Physician’s Duty to Economic Explanation
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Choi Haeng-Sik
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Abstract
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Recently, it shows from the ruling of Supreme Court on the health that care contract is being increasingly emphasized the importance of the point of economic view. The problem about the doctor"s duty to explain is not limited to purely medical things. Patients and physicians should discuss the scope of the medical costs. This obligation of the National Health Insurance Corporation with respect to the enforcement of payment systems continue to become more evident to be implemented by the system"s benefits. Such as the case in the areas of pharmaceuticals, and medical co-payments or co-payments may be in proportion. The physician"s duty to explain the potential compensation has an importance and also it is necessary to limit on the duty for the cost of medical care.
In this paper, we should discuss not only on legal aspects of civil and administrative law in the medical contract physicians for patients with health insurance and on the problems, whether and what extent of responsibility to explain for patients. The medical advice of your doctor should be considered as possible in terms of the economic point of view. Several methods of treatment for a description of the economic should be but very strict. The doctor should for the possibility of treatment with little risk and better results, which the National Health Insurance Corporation financially burdens.
It is impossible to useful definition about the exact scope of duties for financial advice. That is not to extended such as financial contract or attorney firm agreement. Finally it will be considered for the basis of duty to economic explanation as the difference between the behavior of the economic advisory duties on the Health Insurance Act and medically necessary the cost of treatment. It is desirable for physicians to more costly care and less expensive way to get the same result. If it needs to answer, the patient claim damages when doctor does not explain. This can apply be seen as a principle regardless of health insurance benefits.
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KEYWORD
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Patients, physicians, duty to economic explanation, medical costs, health insurance
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