Earticle

초록

영어

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

저자

• 김일룡 [ Kim, Il-Ryong | 원광대학교 법학전문대학원 교수, 원광대학교 법학연구소 연구위원, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  의생명과학과 법

• 간기

  반년간

• pISSN

  2092-8599

• eISSN

  2508-5727

• 수록기간

  2009~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340