환자의 협력의무 위반과 과실상계

• 영문명: The Violation of Patients Cooperation Duty and Comparative Negligence
• 발행기관: 원광대학교 법학연구소(의생명과학법센터)
• 저자명: 최행식(Choi Haeng Sik)
• 간행물 정보: 『의생명과학과 법』제10권, 139~163쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2013.12.30

영문 초록

With the purpose of protecting disadvantaged groups, there has always been a tendency of blaming the doctor s negligence and ignoring the patient s fault in medical malpractice dispute. Medical treatment is healing disease. Therefore, the cooperation between doctors and patients are extremely important. Medical contract has clearly pointed out that patients have obligation to cooperate with the doctor s treatment. The court acts an important role in dealing with indemnification for patient s fault. Although it is considered about patient s self-discipline, the treatment should be more suitable. Analyzing what legal liability the patients should take for their fault, discussing the view and content of medical malpractice compensation system are in order to research patient s responsibility and coverage. Patients should do as doctors prescribe. It is not wise to blame doctor for patient s own faults. Therefore, the law should base on understanding of patients choice and individual cases. This thesis focuses on the medical malpractice compensation system and cases, analyze the phenomenon about patient ignoring of doctor s advice, refusal treatment, etc. which are violation of obligation in medical cooperation.

목차

Ⅰ. 서론

Ⅱ. 환자측 과실과 민사책임 문제

Ⅲ. 환자의 협력의무 위반과 민사책임 문제

Ⅳ. 결론

참고문헌

[ABSTRACT]

키워드

진료거부 설명의무 진료과실 과실상계 설명의무의 한계 진료협력의무 denial of diagnosis and treatment liability for explanation medical treatment mistake comparative negligence limitation of liability for explanation cooperative duty for medical treatment