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KMID : 1234820160170020057
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Korean Society of Law and Medicine
2016 Volume.17 No. 2 p.57 ~ p.81
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A Study on Causality in Medical Civil Liability
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Baek Kyung-Hee
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Abstract
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It can determine the outcome of the lawsuit whether or not there is a causality between the medical malpractice of a physician and the patient's injury when the patient is filing a lawsuit against the physician in order to pursue civil liability for a medical accident. In medical malpractice lawsuits, it is not easy to judge causality between different civil cases because of the special nature of medical care. Also, information such as medical records is concentrated on doctors and the medical knowledge of the patient is relatively insufficient compared with the doctor. Therefore, it is recognized through medical malpractice lawsuits that the burden of proof of the causality burdened by the plaintiff patient is relaxed. In this paper, I examine the legal theory on how to recognize causality in medical civil liability and then concern the attitude of the case in Korea, which is divided into the types of the causality ? such as the case of general medical practice, explanation duty, no causality with medical malpractice.
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KEYWORD
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medical malpractice lawsuits, civil liability, medical accident, causality, burden of proof
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