醫師의 說明義務에 관한 硏究

• 영문명: A Study on the Explanatory Duties of a Doctor
• 발행기관: 원광대학교 법학연구소(의생명과학법센터)
• 저자명: 昌新娟(Chang, Xin-Juan)
• 간행물 정보: 『의생명과학과 법』제5권, 131~154쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.06.30

영문 초록

Patients have the right to understand the purpose and risks of an invasive medical procedure, before they give consent for that invasive medical treatment. Doctors must offer full explanations of the treatment, risks, and the reasons for said treatment to all patients before any invasive medical procedure is performed. Doctors should also obtain a signed consent form from the patient before the invasive medical procedure in the event of any complications during the invasive medical procedure that leaves the patient in worst health after the invasive medical procedure. The consent form should describe allowed compensation in the event of any medical complication during the invasive medical procedure. If the doctor takes time to help the patient understand invasive treatments and the associated risks, patients can make informed decisions before signing any consent forms that may limit their ability to win monetary compensation in a medical malpractice suit in the event of a complication during the invasive procedure. The doctors can concentrate on healing the patient during invasive medical procedures when the doctor and patient have a mutual understanding of the invasive procedure and a signed, comprehensive consent form to cover the allowed compensation, should there be any complications during the invasive procedure. With communication and a comprehensive consent form, patients can make an informed decision to allow doctors to perform an invasive medical treatment and doctors can make an informed decision to treat a patient without the worries of any medical or legal repercussions after the said invasive treatment. A German court in 1894 determined that invasive medical procedures without patient consent were a criminal act of inflicting bodily injury. Later Anglo-American and Japanese laws require doctors to provide an explanation of the invasive medical procedure in conjunction with the consent form. In a case of an invasive medical procedure resulting in complications, a patient can seek damages if the patient can prove a lack of sufficient explanation of the procedure and/or a signed consent form prior to the invasive medical procedure. Korean laws currently consider physical damages to infringing on a person’s body and mental damages to infringing on a person’s rights in cases of insufficient explanation by the doctor in cases of complications during an invasive medical procedure. Laws requiring doctors to provide prior explanations of invasive medical procedures and patient consent forms need revision to reduce generalities. Doctors need clear legal guidelines on invasive medical procedure explanation documentation in addition to outlines for standard consent forms to assure all patients and doctors in Korea have sufficient information, before an invasive medical procedure, to make an informed decision.

목차

Ⅰ. 序 論

Ⅱ. 醫師의 說明義務의 沿革 및 根據

Ⅲ. 醫師의 說明義務의 性質 및 內容

Ⅳ. 醫師의 說明義務違反과 損害賠償

Ⅴ. 結 論

참고문헌

Abstract

키워드

의사의 설명의무 자기결정권 신체적침해설 정신적침해설 인격권침해설 설명의무위반 입증책임 손해배상 informed decision invasive medical procedure/treatment consent form complications physical damages mental damages compensation for damage