|
KMID : 0986720160240010117
|
|
Korean Journal of Medicine and Law
2016 Volume.24 No. 1 p.117 ~ p.143
|
|
|
Medical Malpractice Liability In Urology And Recent Tendencies In Ruling Of The Court
|
|
Kim Ki-Young
Park Kyung-Kgi
Huh Hee-Jae
|
|
|
Abstract
|
|
|
Physicians are traditionally liable under a negligence rule of liability. We are concerned that rapidly rising medical malpractice because of specialized pressure and socioeconomic characteristics of medical service, as some studies have shown. Particularly on the basis of recent court’s decision on medical malpractice in urology our expectation and a significant decline the impact of medical responsibility can be drawn. Medical malpractice is one of the most controversial aspects of Korean tort law.
According to the ruling by the court, the causal relationship between a medical malpractice and the result is presumed, in a case where the victim proves that medical malpractice was committed in a series of medical care, and that no other cause could have intervened in the result than the medical care. Missed diagnosis claims are the largest and are increasing in number. Missed diagnosis claims involving urological cancer represented most of these claims. Cancer is most often the underlying condition associated with urological malpractice. The frequency of missed diagnosis claims is increasing. Surgical claims were followed by failure to diagnose properly in frequency. The most common surgical errors related to oncological treatment. Malignancy of the prostate, testis and kidney appeared consistently in claims involving improper surgical performance, diagnostic error and failure to monitor. We should explain all issues to our patients and answer their questions. It is our duty to advise our patients to the best of our knowledge. Usually, we must do this with incomplete information and lacking positive proofs.
|
|
|
KEYWORD
|
|
|
Physician, Liability, Malpractice, Urology, damages
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|