Earticle

초록

영어

Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient's own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients' rights and to prevent recurring medical accidents and also contribute to medical advances.

목차

I. 시작하며
 II. 의료소송에서의 사실적 판단구조화
  1 . 손해배상소송의 기본원리
  2. 의료행위에 대한 평가의 변화
  3. 평가시각 및 판단구조의 변경필요
 III. 손해배상액의 저하
  1. 과실상계(책임제한)25)의 확대 문제
  2. 저액의 위자료
  3. 손해배상의 사회적 분산부담- 의료행위의 공공성, 비영리성과 위험비용 수가 산입
 IV. 마치며
 참고문헌
 ABSTRACT

키워드

의료소송 의료계약법 규범적 평가 사실적 평가 책임제한사유 위자료 의료수가 행위위험료 Medical litigation medical contract law normative assessment realistic assessment limitation of liability alimony medical fees conduct risk charges

저자

• 신현호 [ SHIN HYUN HO | 법률사무소 해울 대표변호사, 법학박사. ]

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