|
KMID : 0986720180260010223
|
|
Korean Journal of Medicine and Law
2018 Volume.26 No. 1 p.223 ~ p.249
|
|
|
Medical malpractice case laws and problems : Focusing on the civil liability issues and prospects
|
|
Baek Kyoung-Hee
Chang Yeon-Hwa
|
|
|
Abstract
|
|
|
|
Patients can seek civil liability in the form of monetary damages, if medical doctors and medical practitioners breach their duty of care during medical practice and cause injury or death to patients. For such cases where patients seek civil liability against medical doctors for medical practice, in addition to bringing a lawsuit at the appropriate court, there are many methods, such as ADR, that substitute a traditional lawsuit at the appropriate courts. Although means to seek civil liability for medical practice has diversified, determination of medial fault and causation provides the basis for medical malpractice cases seeking civil liability. In the meantime, the legal liability of medical malpractice, causal relation and explanation duty in the civil liability of the medical malpractice lawsuit have settled through the case laws. In the process, by adopting the trend of the era and foreign discussions, the Korean courts have developed jurisprudence of medical malpractice suit. In particular, the precedents lessen the burden of proof for medical practice and causation on the patient’s part but take caution on excess expansion. While emphasizing doctor"s duty of explanation and guidance, the need for patient"s duty of cooperation is pointed out for fairness and appropriateness of damage distribution. The following issues that the court can develop in the civil liability of medical malpractice litigation through the judicial jurisprudence of the case are problems of distribution of liability directed to team medical care, problems related to appraisal, problems of utilization of artificial intelligence.
|
|
|
KEYWORD
|
|
|
medical malpractice, causation, duty of explanation, team medical care, appraisal, artificial intelligence
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|
|