의료수준의 개념에 대한 판례의 비판적 고찰

• 영문명: A Critical Review of Judicial Precedents on the Concept of Medical Care Level
• 발행기관: 원광대학교 법학연구소(의생명과학법센터)
• 저자명: 김일룡(Kim Il Ryong)
• 간행물 정보: 『의생명과학과 법』제11권, 5~31쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.06.30

영문 초록

Since it is only a repetition of a synonym of regarding medical care level and duty of care as the same, there is no usefulness and the scope of medical care level broadens endlessly. This can only be said as a concept that transmuted from the meaning of medical level in its beginning. In addition, using such term only for malpractice even though there is no similar concept for other negligent acts is not in agreement with the overall theory structure of fault liability. However, since the term medical care level is a concept that is already being used commonly in precedents, medical circles or legal circles, the reality is that it is not easy to substitute this with a different term. Considering such circumstance, the author s opinion is that it would be desirable to use medical level only as medical knowledge or medical level concept, while treating in parallel another grounds of doer s duty of care judgment such as medical environment & condition and special characteristics of medical practice and medical care level to comprehensively consider them to determine whether or not duty of care has been violated. In addition to understanding medical level by reducing it to medical knowledge , the medical level of medical practice conducted by doer should be considered as the standard instead of the medical level of doer when deciding fault. In this sense, specific situation at the time of act becomes an object of deciding fault but it is also different from theory of objectivity in the sense that sphere of social life to which doer belongs is not an object of deciding fault. For example, if a doer drove a vehicle, the doer s act of driving would be enough to decide based on ordinary people working as drivers. Accordingly, if a doer s medical practice is something that can be performed only by specialist, it would be enough to decide medical care level based on the doer s medical practice itself considering specialists in general as it would not be necessary to consider the medical level of the doer.

목차

Ⅰ. 머리말

Ⅱ. 의료수준 개념의 출현과 전개

Ⅲ. 의료수준과 주의의무의 관계

Ⅳ. 맺음말

참고문헌

[ABSTRACT]

키워드

의료수준 주의의무 손해배상 업무상과실 의료행위 medical care level duty of care compensation for damage professional negligence medical practice