채혈 및 수혈 시 주의의무와 설명의무

• 영문명: The Duty of Attention and Explanation to Patient in Blood Transfusion
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김재국(Jae-Guck Kim)
• 간행물 정보: 『비교사법』比較私法 제13권 제4호, 371~402쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  Medical treatment does not always make a good result. but occasionally makes the bad result because medical personnel relaxes his attention to it or the patient does not obey doctor"s directions. To avoid bad result, the doctor must devote his attention to the patient in medical care. The blood transfusion gives direct effect on the patient"s life and health like the case of medical service. Therefore the doctor should pay attention in transfusion service and so does the blood-gathering agency in blood-collecting work. In blood-collecting work, the blood-gathering agency ought to identify the blood type and ought to grasp whether the blood donor get infected with fatal disease through investigation into his job, living circumstances, and health conditions. In transfusion service, the doctor should decide the accurate time and quantity for transfusion, should confirm the security of blood for transfusion and should devote his attention to the change of blood recipient"s situation during transfusion. If they are negligent of above duties and the recipient get infected with fatal disease by the infected blood, they will compensate the patient for the damages.
  Medical treatment brings the infringement to patient"s life and health. So the patient decide by himself the acceptance and rejection of treatment, the time of treatment, and the method of treatment. We call it the patient"s right of self-determination. To guarantee the patient"s right of self-determination, the doctor must explain to the patient the name of a disease, the condition of a disease, the method of treatment, the ill and harmful effect of a treatment method, and so on. In blood transfusion service, the doctor should also explain the infection possibility with fatal disease by transfusion to the patient or his family. On the contrary the blood-gathering agency has no obligation to explain them to the patient, because blood transfusion is not its business. If the doctor is negligent of this duty and the recipient get infected with fatal disease by the transfusion, he will compensate the patient for the damages.

목차

Ⅰ. 서
Ⅱ. 채혈 및 수혈 시 주의의무
Ⅲ. 채혈 및 수혈 시 설명의무
Ⅳ. 결
【참고문헌】
【Abstract】

키워드

수혈 시 주의의무 채혈 시 주의의무 수혈 시 설명의무 채혈 시 설명의무 공혈자 채혈자 환자의 자기결정권 손해배상 the duty of attention in blood transfusion the duty of attention in blood-collecting the duty of explanation in blood transfusion the duty of explanation in blood-collecting a blood donor the blood-gathering agency the patient" s right of self-determination compensation for the damages