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KMID : 0986720180260010101
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Korean Journal of Medicine and Law
2018 Volume.26 No. 1 p.101 ~ p.132
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Civil liability and its limitations for breach of the duty to prevent infection : based on Germany 's case law and the regulations of relieving burden of proof
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Kim Ki-Young
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Abstract
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The seriousness of the infection in the hospital is raising again due to the death of newborn baby in this hospital. However, the absolute sterility of the hospital can not be guaranteed, so even if all sanitary regulations are followed, the risk of infection remains. As the courts always emphasize, even though a complete aseptic guarantee in a hospital or clinic may not be possible, efforts should be made to prevent such risks to the extent possible. The court"s rulings on the issue of hospital infections are increasing. In this point it shows that these preventions have not been fully achieved so far. In this paper, failure to comply with various legal infection standards can raise a liability risk in civil law. First of all, studies are reviewed the general theory about breach of duty on hospital infections. The different aspects of relieving burden of proof infection are analyzed and compared on the basis of issues and causal relationship with the recent case law and the regulations of the German Civil Code. Finally, the current review is concerned with MRSA screening for patient protection and prevention and drawn out its implications.
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KEYWORD
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nosokomiale Infektionen, infection, burden of proof, MRSA-Screening, Civil liability
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