遠隔醫療에서 醫師의 責任原理

• 영문명: On the Physicians’ Liability Principle in Telemedicine
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 류화신(Hwa-Shin Ryoo)
• 간행물 정보: 『비교사법』비교사법 제12권 1호, 561~580쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.03.01

영문 초록

We are experiencing a fundamental change in delivery of health care today. A combination of information technology and medical care has given rise to a new type of medicine, i.e. telemedicine. Broadly defined, telemedicine is the transfer of electric medical data from one location to another. In order to facilitate the full-fledged development of telemedicine, it is particularly important that we dedicate ourselves to solving the legal problem. Korea is more or less retarded in amending the Medical Act to include the provisions of telemedicine and the Act came into force on March 30, 2002. According to article 30-2 of the Medical Act, telemedicine is to provide medical information or technique for the medical practitioner who is looking after a patient by means of the telecommunication such as computers and moving pictures. In connection with telemedicine, the problem is the medical malpractice. Paragraphs 3 and 4 of Article 30-2 are throughly examined and analysed. For example, Paragraphs 3 of Article 30-2 declares that a telemedical physician has an identical responsibility as the physician who consults a patient on a face-to-face basis. Paragraph 4 of the same Article says that if the fault is not evidently on the side of the consulting specialist, the physician who consults a patient on a face-to-face basis is responsible for the malpractice. This article discusses the liability regulation of telemedicine in medical law and provides brief assertions and theories in both facets of malpractice(breach-of-contract/torts) and transmission liability.

목차

Ⅰ. 들어가며

Ⅱ. 의료법상 원격의료의 법률관계

Ⅲ. 원격의료책임

Ⅴ. 나오며

참고문헌

Abstract