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KMID : 0986720210290020085
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Korean Journal of Medicine and Law
2021 Volume.29 No. 2 p.85 ~ p.110
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A Study on the Use of Experts in Medical Malpractice Lawsuits
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Shin Eun-Joo
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Abstract
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This article studied how experts can be used in medical malpractice lawsuits. Professional knowledge is required for judges to make factual judgments in medical malpractice lawsuits, such as construction-related lawsuits or intellectual property lawsuits. The help of experts with professional medical knowledge is needed because judges have limitations in their professional knowledge in the medical field. In Korea, there are an appraisal system and a expert commissioner system as representative ones for the help of these experts. In medical malpractice lawsuits, there is a concern that it will be a trial by an expert in a medical malpractice lawsuit because it is greatly influenced by an appraiser or a expert commissioner when a judge makes a judgment on the facts. Therefore, in this study, the appraiser system and the expert commissioner system were reviewed, and how these systems are used in medical malpractice lawsuits was considered. In addition, by analyzing the problems of these expert systems, we considered ways to make objective and fair judgments in medical malpractice lawsuits using the experts' knowledge.
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KEYWORD
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medical dispute, medical malpractice lawsuit, appraisal system, expert commissioner system, expert testimony
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