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KMID : 0986720200280010077
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Korean Journal of Medicine and Law
2020 Volume.28 No. 1 p.77 ~ p.96
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Analysis of medical malpractice cases : Focusing on the violation of doctors’ duty of explanation
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Song Phil-Hyun
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Abstract
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Although medical practice by doctor is to cure the disease and improve the health of patients, in general, danger is always existed in the medical practice as a behavior to injure patients’ bodies. Therefore, considering patient's self determination, doctors have the obligation of the explanatory duties in advance, thus must take their agreement about the whole parts related to the medical practice such as their symptoms, methods and contents of medical practice, and complications, etc. Therefore, when a doctor violates ‘Duty of explanation’, he also subjects himself to liability of compensation for invading on the patients’ right and for general medical malpractice.
This article aims to analyze of medical malpractice cases in view of the violation effect on doctors’ duty of explanation. As you know, our country is acknowledged for having the best medical technology in the world. However, doctors must treat as many patients as possible in a short time in this medical insurance system. It is difficuly for doctor to recognize patients’ intelligibility in a short time and do the complete explanatory duty. Therefore, it is necessary to prepare the cosiderations and countermessures for the patients' right and doctor's duty.
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KEYWORD
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doctor, duty of explanation, medical malpractice, medical practice, case analysis
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