생체장기이식과 의료과오법리

• 영문명: Legal Principle of Medical Fault on the Organ Transplant of Living Body
• 발행기관: 원광대학교 법학연구소
• 저자명: 송영민(Song, Young-Min)
• 간행물 정보: 『원광법학』제24권 제2호, 297~317쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

In general, there should be the tripartite relationship including a donor, a recipient, and a doctor to fulfil the organ transplant, in this case, it is widely accepted that the donor could not demand the direct damage from the doctor over the medical fault caused the failure of transplant operation, because the donor is not the direct contract parties to the medical contract on the transplant operation. However, if the organ transplant operation is regarded as the articulated relationship of three parties including a donor, a recipient, and a doctor, it is necessary to protect the donor's profit of trust on the transplant operation called the expectant profit. Thus, especially, the donor of living body organ could demand the damage from the doctor over the failure of transplant operation, in this case, the legal principle admitting that the donor could demand the damage happens from the native profit of the donor, not from the Civil Law Clause 752. In addition, the legal character could be admitted as donation on the organ offering behaviour, however the donations by a third person except family are judged as general donations and then it would be solved as general medical fault problems, but the donation by family or close relationship could be a bit different, in this case, the doctor has responsibility to the end of transplant operation, ultimate aim of contract, on the assumption of donation although the transplant operation has been finished, and furthermore, the doctor has obligation to do medical behaviour which is appropriate to medical lege artis.

목차

Ⅰ. 서 설

Ⅱ. 생체장기이식의 법적 요건

Ⅲ. 생체장기이식과 의료과오

Ⅳ. 결 론

참고문헌

Abstract

키워드

장기이식 의료과오 의사의 책임 기대이익 장기제공행위 계약책임 증여계약 organ transplant medical fault doctor's responsibility expectant profit organ offering behaviour contract responsibility donation contract