|
KMID : 1234820230240040037
|
|
Korean Society of Law and Medicine
2023 Volume.24 No. 4 p.37 ~ p.63
|
|
|
A Study on Recent Discussions ahout the Pysician’s Explanation in Medical Litigation
|
|
Baek Kyoung-Hee
|
|
|
Abstract
|
|
|
|
In medical litigation, there are various cases where a doctor’s ‘explanation’ of a patient becomes problematic. Medical explanations and guidance are required from the doctor, starting from the beginning of diagnosis, through treatment processes such as surgery, when hospitalization is necessary for treatment, during hospitalization, upon discharge, and after discharge. Furthermore, notification from the doctor or medical institution may be requested regarding the economic costs that will be incurred due to medical treatment. South Korea’s judiciary has been developing legal principles regarding such doctor’s explanations by distinguishing between explanations for obtaining consent for medical treatment and medical explanations related to guidance on patient treatment methods, taking into account related laws such as the stage of treatment and the Medical Service Act. Additionally, the Constitutional Court recently ruled on the non-benefit cost notification system linked to the explanation of economic costs. However, holding a doctor accountable solely because the doctor’s explanation was insufficient has aspects that do not correspond to the actual situation in clinical reality, and may have a reflexive disadvantage that results in a decline in legal rights. Therefore, the doctor’s explanation needs to be examined from both perspectives: guaranteeing the patient’s right to self-determination and protecting his or her right to decision.
|
|
|
KEYWORD
|
|
|
Medical litigation, Right to self-determination, Explanation, Treatment method, Guidance and explanation
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|
|
|