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KMID : 1234820120130010091
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Korean Society of Law and Medicine
2012 Volume.13 No. 1 p.91 ~ p.123
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A Study on Patient’S Obligation in Medical Cooperation and Doctor’S Medical Malpractice
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Baek Kyoung-Hee
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Abstract
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Doctors and patients for the purpose of healing and treatment of disease through the contract will make a relationship. Doctors perform the medical practice for the state and illness of patient. Given that the patient did not cooperate in the doctor’s medical practice, it is difficult to achieve the goal of disease healing. If the patient don’t cooperate the medical care, and it is linked with a doctor’s medical malpractice, patient’s violation of obligation in medical cooperation is considered with negligence on the part of patients. However, this negligence should be limited to obvious cases that the patient’s behavior is unreasonable although the doctor provides medical information to patients and induced the patient’s response. Also, patient’s violation of obligation in medical cooperation must result in adjusting the indemnification via a setoff of fault except the cases having causal relationship between doctor’s fault and malpractice.
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KEYWORD
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Obligation in medical cooperation, Medical malpractice, Medical care, Negligence
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