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KMID : 1234820070080010215
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Korean Society of Law and Medicine
2007 Volume.8 No. 1 p.215 ~ p.234
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Requirements to accept the doctor’s mistake in the medical malpractice case - Sentenced by October 26, 2006, by The Supreme Court, Precedent case no. 2004Do486 -
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Beom Kyung-Cheol
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Abstract
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The mission of the doctors is to take care of human life, body and health through the medical behaviors such as diagnosis and treatment. Under this job propensity, the doctors have care duty to take the best actions required to prevent the risk according to the patients’ specific disease status. Such care duty of the doctor may be evaluated based on the medical behavior level at the medical institution and clinical medical study field. Such medical level should be understood in the normative level, considering the treatment environment, condition and specialty of the behavior, because it means the medical common sense known and acknowledged to the normal doctors. While the criminal suit requires the evidence for no doubt conviction, the civil suit requires more eased different standard. The results between the criminal and civil sentence may be different, because the confirmed former case may lead to long-term imprisonment and even death penalty, while the latter case puts only monetary penalty on the defeated party.
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KEYWORD
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Medical behavior, Diagnosis, Disease, Medical institution, Evidence for no doubt conviction, Civil suit, Difference of the between the criminal and civil suit
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