醫病過誤訴訟의 法理와 最近 判例 의 動向(II) - 치과의료의 경우를 중심으로 -
The Trend of Rulings in Medical Malpractice Cases The Legislation of Medical Malpractice and TheTrend of Current Rulings -Focusing on The Dental Cases -
李榮眞, 金振,
소속 상세정보
李榮眞 ( ) - 서울地方法院 判事
金振 ( ) - 가톨릭대학교 大田聖母病院 齒科
KMID : 0362720010390040316
Abstract
This is intended to give dentist the guideline of avoiding dental malpractice suit and getting
some reasonable solutions in the suit. This paper analyzes the law provisions that are applied to
medical malpractice litigations and the trend of ruling in such litigations. Particularly, it
provides the comparative analysis between Korean and Japanese dental malpractice cases.
As the analysis of the trend shows, the Korea Supreme Court recognizes that it is so hard for
patients to provide evidence in the litigations. And it emphasizes that doctors should fulfill
their professional commitiment and explain the method and result of treatment as well as the
prognoses and sequelae of disease in detail.
As a result, it can significantly reduce the risk of litigation when dentists treat patients
more carefully and give detailed explanations to patients. Most of the medical suits occur when
doctor are unfaithful to their patients and patients are not able to control their emotions.
Therefore, dentists had better try to answer all the questions from patients and understand
their emotions with sincerity. In addition, it is recommended that dentists should be advised
by lawyers and be positive and cooperative with the court's meditating efforts, when involved
in such litigations.
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