의료과오에 있어서의 인과관계론

• 영문명: Causality theory in medical malpractice
• 발행기관: 원광대학교 법학연구소(의생명과학법센터)
• 저자명: 이정환(Lee Jeong Hawn)
• 간행물 정보: 『의생명과학과 법』제11권, 131~164쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.06.30

영문 초록

If he is medical personnel of average according to principle of medical technique and medical common sense, Medical malpractice can be mistake or fault caused by neglecting medical obligation, generally which can be said in two case: One is the time someone must take charge of legal liability about medical treatment, the other is its own wrongdoing. Of course, you can see the mistake being included intentional doing, but usually Medical malpractice is used without intentional doing because already the mistake get out of medical practice s sphere as intention was involved. In order to be admit as a claim for damages due to medical malpractice, it needs causality between doctor s action and patient s damage caused by the action. usually causality premises cause and effect between a harmful act and loss occurrence, mean causality between a harmful act and indirectly damage, and is treated with connecting matter of trade imputation. However, in medical malpractice, doing particular action or nothing is unclear whether loss occurrence is attributed to doing or not, and it is frequently doubtful that wether misdiagnosis can be acknowledged by cause. In other words, naturalistically or scientifically judging causality is of course, difficult to judge empirical causality because causality in medical malpractice is related to specialized medical field. Therefore, judgement of causality must be performed by medical point of view, and when it comes to medical malpractice suit, it is demanded that you perceive how this specificity interact in causality. this fact is specificity of causality in medical malpractice. When it comes to malpractice suit in this specificity, default s cause on monetary debt is not independent with causality, and illegal act s cause will be considered with mistake including illegality or causality. Causality is sufficient to be proving as historical fact and scientific proof is unnecessary, which is also unnecessary because purpose of a civil trial focus on fairly solution. In the rapidly changing modern society, awareness about medical practice seems to grow extent to unimaginable part, medical malpractice accident and damage claim suit about medical malpractice is also annually increasing. Hence, we arrange the concept about object of obligation proof mitigation. On the basis of this arrangement, we check several theories with concerning causality in medical malpractice, A causal relationship theory fairly, recently disputed probability theory or realistic causality theory, and dynamic causality theory. We want to make sure of objectivity about standard setting of causality by examining a standard of judgment of causality existence.

목차

Ⅰ. 서론

Ⅱ. 사실적 인과관계와 법적 인과관계

Ⅲ. 인과관계에 관한 제이론

Ⅳ. 인과관계존부의 판단기준

Ⅴ. 결론

참고문헌

[ABSTRACT]

키워드

의료과오 상당인과관계 사실적 인과관계 역학적 인과관계 개연성이론 medical malpractice proximate causal relation realistic casuality dynamic casuality probability theory