earticle

논문검색

연구논문

환자의 협력의무 위반과 과실상계

원문정보

The Violation of Patients' Cooperation Duty and Comparative Negligence

최행식

피인용수 : 0(자료제공 : 네이버학술정보)

초록

영어

With the purpose of protecting disadvantaged groups, there has always been a tendency of blaming the doctor’s negligence and ignoring the patient’s fault in medical malpractice dispute. Medical treatment is healing disease. Therefore, the cooperation between doctors and patients are extremely important. Medical contract has clearly pointed out that patients have obligation to cooperate with the doctor's treatment. The court acts an important role in dealing with indemnification for patient’s fault. Although it is considered about patient's self-discipline, the treatment should be more suitable. Analyzing what legal liability the patients should take for their fault, discussing the view and content of medical malpractice compensation system are in order to research patient’s responsibility and coverage. Patients should do as doctors prescribe. It is not wise to blame doctor for patient’s own faults. Therefore, the law should base on understanding of patients choice and individual cases. This thesis focuses on the medical malpractice compensation system and cases, analyze the phenomenon about patient ignoring of doctor’s advice, refusal treatment, etc. which are violation of obligation in medical cooperation.

목차

Ⅰ. 서론
 Ⅱ. 환자측 과실과 민사책임 문제
 Ⅲ. 환자의 협력의무 위반과 민사책임 문제
 Ⅳ. 결론
 참고문헌
 ABSTRACT

저자정보

  • 최행식 Choi, Haeng-Sik. 원광대학교 법학전문대학원 교수,법학박사.

참고문헌

자료제공 : 네이버학술정보

    함께 이용한 논문

      0개의 논문이 장바구니에 담겼습니다.