의료과오소송에서 의사의 설명의무

• 영문명: Explanation duty of doctor In case the malpractice suit
• 발행기관: 원광대학교 법학연구소(의생명과학법센터)
• 저자명: 이정환(Lee, Jeong-Hawn)
• 간행물 정보: 『의생명과학과 법』제12권, 5~38쪽, 전체 34쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.12.30

영문 초록

In rapidly modern society, awareness about medical practice expands unimaginably. Medical malpractice that has intrinsic, customary trait incre ases annually and a damage suit about malpractice also does. The doctor and patient should listen carefully each other in medical m alpractice. They should exchange opinions while patient has to demand e nough pre-explanation itself. In malpractice suit, explanation duty of doctor is that normally the pat ient can have to exert self-determination based on personal rights and in cluding explanation about symptom, content of therapy method, content of therapy method and danger when the doctor implements medical practic e accompanying physical invasion. Such awareness is that patient is not just object treated but, subjective existence. Therefore importance of expl anation about patient grows as meaning of self-determination of each individual. In connection with such explanation duty of doctor, the doctor does not give the patient enough explanation about possibility of bad result. If the doctor give the patient such like explanation, it is preliminary consideration of malpractice suit that the patient did not receive treatment. explanation duty of doctor is for patient’s choice as the patient compares fully necessity or danger with medical practice. the reason why we adopt non-violation theory of explanation to malpractice suit was started from proving obligation to relax theory. Explanation duty of doctor can be discussed according to malpractice’simportance, receiver’s ability about explanation duty, degree of invasion, time to performance of a duty, arraign of implied·presumptive, being able to acknowledge unpredictable danger in view of contemporary medical state, whether such explanation duty affect the doctor advantageously or adversely. But this manuscript just looks through grounds, legal temper and legal content of explanation duty, proving obligation and violation effect about explanation duty violation because of limitation of paper.

목차

Ⅰ. 서 론

Ⅱ. 설명의무의 근거 및 법적 성질

Ⅲ. 설명의무의 내용

Ⅳ. 설명의무위반에 대한 증명책임

Ⅴ. 설명의무위반의 효과

Ⅵ. 결 론

키워드

의료과오소송 설명의무 증명책임 자기결정권 부수적 파생의무 Malpractice suit Explanation duty Burden of proof Self-determination Subordinate derivation obligation