醫療過誤의 刑事責任 = Criminal Responsibility for the Malpractice

다국어 초록 (Multilingual Abstract)

1. The doctor's act of medical treatment is an important business dealing with human life and the doctor should treat patients with his professional medical knowledge, experience and the well-eqipped medical facilities. However, it is unreasonable that he should be legally responsible for the faults in his medical treatment, based upon only the results, with nothing of the proccess considered at all. There have been truly the various kinds of unfortunate results unexpected in the treatment process, not withstanding his professional experience and ability because the organization of the human body differs from the mechanism of things. Therefore it is desirable that he should be legally guarenteed in performing the medical act with relief and conviction.
2. Malpractice means bad, wrong, or injudicious treatment of a patient, Professionally and in respect to the particular disease or injury, resulting in injury, unnecessary suffering, or death to patient, and poceeding from ignorance, carelessness, want of proper professional skill, disregard of established rules or principles, neglect, or a malicious or criminal intent.
3. Though the criterion for decision of the negligence in the medical accident can not be uniformly regulated, the generally accepted one ought to depend on the facilities and the skill normal to the average reffered to the regional difference and emergency.
4. There seem to be many types in differentiating the malpractice. At first, from the view point of the difficulty of recognition of the negligence, there are two types. One is the comparatively simple technical treatmenton which there are likely to be very few disputes-errors from shots, medicines and the aftermath of operations. The other is the one from the medical misjudgement-an erroneous diagnoses. In this point, many problems in recognizing varied medical errors are deliberately illustrated here. Some problems caused from handling the unusual constitution and from taking care of patients unfaithfully are also stated here.
5. As the number of the cases of procedure on the medical negligencs has increased in recent years, the legitimacy of medical behaviors which has been neglected for the time being seems to attract attention from the various fields of jurisprudence and medicine, encouraged by the progress in their remarkable studies. Even though the medical skill have remarkably developed, there have been always the possibilities that the unexpected misfortunes from medical negligence may happen at any time. And it cannot be emphasized too strongly that the proper and reasonable harmonious points should be established to proceed legal settlement between the security of human right the patients' sake and the legal guarentee for the medicine men in cases of negligence. Thus it is strongly requested that a tentative study and many other precedents on both sides from the related fields should be made for the legitimacy of medical doctors' act for the protection the patients' human rights from malpractice.

목차 (Table of Contents)

• 一. 序論
• 二. 刑法上의 過失論
• 1. 過失의 意義
• 2. 過失의 內容
• 3. 業務上 過失
• 4. 信賴의 原則과 注意義務
• 三. 醫療行爲와 醫師의 注意義務
• 1. 醫療行爲와 醫療過誤
• 2. 醫師의 注意義務
• 四. 醫療過失의 認定基準
• 1. 醫學
• 2. 醫療制度
• 3. 緊急性과 地域差
• 4. 醫療行爲의 裁量性
• 五. 醫療過誤의 類型
• 1. 診斷
• 2. 注射
• 3. 藥品의 使用
• 4. 手術
• 5. 輸血
• 六. 醫療過失과의 關聯問題
• 1. 特異體質의 問題
• 2. 醫療行爲分擔의 問題
• 3. 患者管理의 問題
• 七. 結論