의료사고에서 후발손해의 발생 및 정기금배상의 적용 필요성

Adaptable necessity of late loss and installment compensation in medical malpractice

Because medical malpractice suits are about human s life and body, they can affect medical personnel in financial bankruptcy as obligation to compensate is admitted. For example, if serious encephalopathy or persistent vegetative state happen to patients because of medical malpractice, hospital conducts medical judging body to comprehend loss of disability. through medcal jdging body, rate of loss of labor capacity, life expectancy, and additional expense to medical treatment will be caculated because disability of patients remains uncomplete condition. Therefore, doctor takes more lage range of charge, in such case court orders a lump sum allowance compensation and financially situation can be worse. In addition, becacuse life expectancy is not definite in modern medical science level, the average of judging body is determined by contemporary life expectancy on settling money. So, if contemporary life expectancy is over and the patient continuously lives, expanded damage matters. Way to give punitive damages is two. The one is a lump sum allowance compensation as mostly admitted, the other is installment compensation as exceptionally. But, korean court s tendency in civil liability of mdern medical malpractice to reckon compensation for damages hesitates definite installment because of lack of ensuring performance. Just merely, as mdical expense and nusing expense caused by illegal act of body invasion, it is possible to receive regularly for another use of money.