의료과오소송에서 증인인 담당의사의 신문 등에 관한 연구 - 환자 측 소송대리인의 입장에서 -

For disputes over medical cares, litigations have been raised in order to pursue responsibilities of physicians, medical institutions and nurses, and have been increasing. In medical malpractice measures of doctors or medical institutions make patients disappointed and give patients physical and emotional damages seriously. But physicians who have been filed with medical malpractice lawsuits blame the patients due to the fact that they were judged with unsaticefied result by the patients nevertheless they made an efforts to provide proper treatments as an expert. With these reasons, medical malpractice litigations conflict seriously between the parties compared to common litigations, and is common that parties and litigation officials are caught up with the conflicts. Therefore, in process of accountability of a medical malpractice litigations, the parties need to decide emotional and rational determinations. Especially, it is very important to have proper attitude in examining the doctors in charge as a witness at the court. Therefore, this paper has examined what the patient's attorneys should notice and consider when they examine the doctors in charge as a witness. And I examined the feature of lawsuits in cases the doctors in charge are the witnesses, and the preparations for the enforcement of the cross examins in medical malpractice lawsuits. I pointed out that the doctors as witnesses are different from a general civil litigation's witness through this study. And it is noted that a patient's attorney has to explore how to instill impressions of validity of the plaintiffs' claim in courts rather than cross-examination format by unilateral conflict relationship. Finally, I point out that a patients' attorneys have to examine evaluating evidence in courts and importance of advanced preparations for examinations of the doctors in charge.