의료과오사건의 특성과 법률적 구성

• 영문명: Medical malpractice s characteristics and Configuration of Legal
• 발행기관: 원광대학교 법학연구소(의생명과학법센터)
• 저자명: 이정환(Lee Jeong Hawn)
• 간행물 정보: 『의생명과학과 법』제10권, 5~30쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

Medical malpractice means that is caused by medical professional to harm in medical process, preterm birth, nursing process or health hygiene. It is wrong or mistake in Medical personnel of the average level who had lazy own s duty to take caution. This is an accident of medical malpractice due to medical malpractice. The medical malpractice case, because it is a concept that encompasses up to something that is not litigation, rather than the concept of medical malpractice litigation, is a comprehensive concept. Unlike the general case, it is an area that requires highly specialized knowledge. In that case, the process of the medical know only patients, families and a doctor. In addition, medical technology for achieving the result of the treatment it depends on the discretion of the doctor. Therefore, the direct cause of loss whether the negligence of a medical doctor has the characteristic only know doctor. In particular, If an accident of medical malpractice is litigation, that has important implications in connection with the information. For liability due to malpractice, it can be divided into criminal liability and civil liability. Civil liability has an object that compensate for damage on relief of victims in relation to person-to-person. In contrast, criminal liability is that it is an object of national sanctions that punishment to pursue the anti-norms of the actors about certain acts in relation to state-to-nation. In this way, Criminal liability and civil liability are different in nature and purpose. Therefore, it is not necessarily responsible to occur at all times to individual medical malpractice. In modern society, it is expanding to the part of the recognition to medical practices that were not considered in the past. As a result, medical malpractice cases increased year by year, damages case of medical malpractice is also increasing. In this paper, we understand the characteristics of a medical malpractice case that is a prerequisite of medical malpractice litigation has increased gradually, and I examine what is the cause of the claim s legal structure of the theory for overcome about difficulties of medical malpractice s evidence.

목차

Ⅰ. 서론

Ⅱ. 의료과오사건의 특성

Ⅲ. 의료과오의 법률적 구성

Ⅳ. 결론

참고문헌

[ABSTRACT]

키워드

의료행위 의료과오사건 채무불이행 불법행위 증명책임 Medical malpractice means The medical malpractice case Default on an obligation Tort Burden of proof