의료과오의 민사책임

Civil Liability of Medical Malpractice

Despite of the remarkable progress of medical science, the medical mistakes is on the increasing tendency. This medical mistakes between physician and patient have become serious social problem. The increase of medical mistakes is believed to be caused mainly by the lack of confidence in doctor-patient relationship. As with the development of medical technology, the increasing awareness of human rights, and the enlargement of National Health Insurance, the medical mistakes litigations are rapidly increasing in these decades. Medical Mistakes is an inaccurate or incomplete diagnosis and treatment of a disease; injury; syndrome; behavior; infection or other ailment Medical Malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Everyone knows there is no almighty panacea in the world. Jurisdictions couldn't take parts of both sides absolutely. I dare to say that no perfect regime about this sophisticated social problem exists. But we should establish a fair and persuasive norm of conduct and judicial judgement to protect maximum interests of patients on one hand, and to guarantee physicians' right or duty to carry on their works. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice. The one is the introduction of a medical professional liability insurance system.