Earticle

초록

영어

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 malpractice. They should exchange opinions while patient has to demand enough pre-explanation itself. In malpractice suit, explanation duty of doctor is that normally the patient 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 practice accompanying physical invasion. Such awareness is that patient is not just object treated but, subjective existence. Therefore importance of explanation 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.

목차

Ⅰ. 서론
 Ⅱ. 설명의무의 근거 및 법적 성질
 Ⅲ. 설명의무의 내용
 Ⅳ. 설명의무위반에 대한 증명책임
 Ⅴ. 설명의무위반의 효과
 Ⅵ. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 이정환 [ Lee, Jeong-Hawn | 서해대학교 부동산과 강사. 법학박사(민사소송법 전공). ]

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