earticle

영어

The issue of patient self-determination continues to exist in the beginning, progress and completion of medical care and in certain stages after the completion as well. Nevertheless, the discussion about liability for explanation in Korea has a problem with interpreting the scopes of application of patient self-determination in an excessively narrow way because it generally limits the problems to the cases in which medical invasion matters. For example, the issue of whether a patient should follow doctor's instruction or not when it requires the patient to do a certain act such as taking a medicine can be considered another aspect of patient self-determination. Factors affecting medical practice are various, including patient's general idea about medical treatment, his or her view of religion and life, and quality of life before or after the treatment. In such reality of medical service as what is called 'three-minute treatment', however, it is not easy for a doctor to get a grip on various factors, which tends to cause problems with doctor's violation of liability for explanation and infringement of patient self-determination. To address the issue, doctors have to understand factors affecting patient self-determination on medical treatment, and to grasp fully the factors, they are obliged to confirm patient's individual opinions in detail. In addition, patient's right to self-determination is a prerequisite of patient's decision on his or her body, which is on the based of the idea of human dignity stated in Article 10 of our Constitution. Therefore, patient self-determination is always in existence and even though it can be exceptionally restricted in temporary and special circumstances, the exercise of the right to self-determination continues in effect when reasons for the restrictions cease to exist due to flexibility in the self-determination. Liability for explanation, a precondition to the exercise of the right to self-determination, also needs to be interpreted in the same way.