KMID : 1234820140150020317
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Korean Society of Law and Medicine 2014 Volume.15 No. 2 p.317 ~ p.343
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Liability for Damage due to Doctors¡¯ Unfaithful Medical Practice
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Jeon Byong-Nam
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Abstract
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In order to account for whether a doctor should indemnify damages resulted from violation of duty of care, the fact that a doctor violated duty of care, that damages were incurred, and the link between violation of duty of care and damages incurred, respectively, should be verified. So even though a doctor violated duty of care to patients, he or she will not bear the responsibility to indemnify damages unless it is not verified. If a doctor¡¯s negligence in medical practices is assessed that obviously unfaithful medical practice far exceeds the limit of admission of a patient, it will not go against people¡¯s general perception of justice or law and order to constitute a medical malpractice itself as an illegal action that will require liabiliy for damage. However, when the limit of admission is set too low, a patient¡¯s benefit and expectation of proper medical treatment can be violated. In contrast, if the limit of admission is set high, it can leave too little room for doctors¡¯ discretion for treatments due to a bigger risk of indemnification for damages. Thus, a reasonable balance that can satisfy both benefit and expectation of patients and doctors¡¯ right to treatment is needed.
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KEYWORD
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Medical practice, Unfaithful medical practice, Obviously unfaithful medical epractice, Benefit and expectation of proper medical treatment, Faithful medical responsibility, Violation of duty of care, The limit of admission
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