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KMID : 1234820140150010083
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Korean Society of Law and Medicine
2014 Volume.15 No. 1 p.83 ~ p.122
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Critical Overview on Changes of Judicial Precedents in the Medical Cases of Korea - In Relation with Forms of Judgments and Damages -
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Shin Hyun-Ho
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Abstract
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Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient’s own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients’ rights and to prevent recurring medical accidents and also contribute to medical advances.
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KEYWORD
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Medical litigationmedical contract law, normative assessment, realistic assessment, limitation of liability, alimony, medical fees, conduct risk charges
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