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KMID : 1234820170180020003
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Korean Society of Law and Medicine
2017 Volume.18 No. 2 p.3 ~ p.46
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The Functional Classification of Physician’s Duty of Information and Liability for Violation of the Duty
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Suk Hee-Tae
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Abstract
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Physician’s Duty of Information is classified into three categories by legal function: ‘Duty of Information to Report’ to fulfill the patient’s right to know; ‘Duty of Information to Guide’ patient’s convalescing and staying healthy; ‘Duty of Information to Contribute’ to patient’s self-determination. We classify the physician’s duty of information because the legal effect from the breach of duty varies accordingly. The legal effect is focused on damage compensation responsibility for breach of duty. When a physician violates ‘Duty of Information to Report’, he subjects himself to liability of compensation for infringing on the patient’s 'Right to Know'. When a physician violates ‘Duty of Information to Guide’, she subjects herself to liability for general medical malpractice. Finally, when a physician violates ‘Duty of Information to Contribute’, the physician is basically liable for violation of the patient's 'Right to Self-Determination' which refers to infringement on freedom of choice. However, in the case of situation that patient's refusal to the medical treatment would be presumed, the physician bears all liability for the patient's damage which includes both of property and mental damage.
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KEYWORD
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functional classification of physician’s duty of information, patient’s right to know, patient’s self-determination, informed consent, legal effects due to the violation of the duty of information
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