의료사고로 인한 손해배상 완결 후 추가 손해배상청구권에 대한 쟁점

• 영문명: After completion of damages caused by Medical accident claim damages for additional issues
• 발행기관: 원광대학교 법학연구소
• 저자명: 정진연(Jeong, Jin-Yeon)
• 간행물 정보: 『원광법학』제28권 제3호, 111~130쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.09.30

영문 초록

Between physicians and patients, health care agreements if the doctor treating the patient with the best care duties shall be obligated to, which do not this duty to the patient not expected to occur if poor results accordingly to indemnify is This damages the agreement between the parties or the court's ruling will be implemented by, and thus committed to pay damages to the patient again if later obstacle occurs, additional damages caused by these later obstacle What is at issue is whether to be treated. This is already under the patient's poor results damages by agreement or court ruling because it is the are completed. If an agreement between the parties, which usually occurs at a later civil and criminal endure hardship In any case, taking the victim, giving up all rights for the future of the written agreement will assistance, the country's aid to save a lawsuit in court even if the court's final decision would be finalized by the restitution issue So for all intents and purposes a single incident, and then added again to claim damages, the parties agreed to admit the justice of the peace agreement will have to be interpreted, but also the decision of the court ruling in the case under he scope of the ruling weigh the scope of will be. In this paper, by agreement between the parties for damages due to completion and the court's ruling after completion of restitution claims for additional damages as reviewing issues arising in the claim by law to acknowledge the problem, namely an agreement to take effect legal review and a court decision to review the impact and the range is the scope of the ruling. In addition, due to these later obstacle to reduce conflict between our direction if there are any improvements are to present.

목차

Ⅰ. 서 론

Ⅱ. 의료사고의 손해배상

Ⅲ. 추가손해배상

Ⅳ. 결 론

참고문헌

Abstract

키워드

의료과오 화해계약 후유장해 추가손해배상 기판력 소멸시효 Medical accident Reconciliation contract Later obstacle Reparation of add damages The scope of the ruling Extinctive prescription