의료과오소송에서의 성실진료의무와 수인한도The faithful medical responsibility and the limit of admission in medical malpractice litigation
- Other Titles
- The faithful medical responsibility and the limit of admission in medical malpractice litigation
- Authors
- 안법영; 백경희
- Issue Date
- 2009
- Publisher
- 한국의료법학회
- Keywords
- medical malpractice litigation / medical fault / illegal conduct / medical contract / faithful medical responsibility; medical malpractice litigation / medical fault / illegal conduct / medical contract / faithful medical responsibility
- Citation
- 한국의료법학회지, v.17, no.1, pp.95 - 120
- Indexed
- KCI
OTHER
- Journal Title
- 한국의료법학회지
- Volume
- 17
- Number
- 1
- Start Page
- 95
- End Page
- 120
- URI
- https://scholar.korea.ac.kr/handle/2021.sw.korea/121585
- ISSN
- 1598-9178
- Abstract
- Recently, the Supreme Court authorized the responsibility of illegal conduct to medical fault in medical malpractice litigation, although there was not a causal relationship between medical fault and damages. In spite of the fact that a plaintiff alleged the nonfulfillment of a financial debt in medical contract, the Supreme Court judged the responsibility of illegal conduct, not a plaintiff's contention. However, it was a wonder whether organization of legal principles in the nonfulfillment of a financial debt was impossible or not. Also it is very equivocal what cases legal principles of the Supreme Court is applied without the references to the concrete criterion of judgment of the limit of admission.
This paper deals with legal principles of the Supreme Court in medical malpractice litigation and organizes legal principles in the nonfulfillment of a financial debt via deducing the faithful medical responsibility in medical contract. Also, this study recommends how the limit of admission in malpractice litigation is judged.
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Collections - Graduate School > School of Law > 1. Journal Articles
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