醫療組織 過失에 관한 硏究

• 영문명: A Study of Medical Organizational Faults
• 발행기관: 한국민사법학회
• 저자명: 朴柱炫(Joo Hyun Park)
• 간행물 정보: 『민사법학』제41호, 129~160쪽, 전체 32쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

Medical practices are becoming increasingly complex owing to rapid developments in medicine and technologies. The importance of medical facilities and work environments are now recognized by medical persons. Hospitals must organize highly professional teams in order to provide patients with the best medical services possible. In the past, medical doctors had the power to select team members and supervise them, but their authority has become more and more circumscribed in recent times. Medical accidents that have generally occurred due to the errors of medical personnel such as doctors and nurses, have occasionally been prompted by poor organization at hospitals. In legal cases of the latter type, Article 35 or 756 of the Korean Civil Code concerning vicarious liability or corporate liability has been applied. If medical personnel were not deemed to be at fault, then hospitals were not charged with any liability. Hence, it is necessary to develop a new concept concerning fault that can incorporate fault on the part of organizations to solve these problems. However, it is not a simple matter to recognize an organizational fault. The concent of fault could be objectified excessively, making malpractice more strict, which is not in correspondence with the liability with fault principle. It is difficult for plaintiffs to prove the causations between an organizational fault and patients’ damages using the concept of factual causation. The presumption of causation may be required to recognize the causation of organizational fault. It might be argued that organizational fault would make hospitals’ liabilities unduly burdensome. I also think that an organizational liabilities should be limited to an appropriate level. Hospitals should have duties associated with their organization, which is not best but least on the level of normative medical custom or lege artis. I suggest organizational fault as a new concept of fault is a useful tool for medical liability. It represents not only a means to protect patients’ rights, but also for providing hospitals with an incentive to organize effectively and to do their best to prevent medical accidents.

목차

Ⅰ. 序 說

Ⅱ. 醫療組織 過失 槪念의 必要性

Ⅲ. 醫療機關의 組織形成義務

Ⅳ. 醫療過誤에 있어서 組織過失

Ⅴ. 結 語

참고문헌

키워드

조직과실 의료과오 사용자책임 기관책임 병원책임 팀의료 입증책임 Organizational Fault Medical Malpractice Vicarious Liability Corporate Liability Hospital Liability Team Practice Burden of Proof