醫療分爭에서 患者側의 어려움에 관한 硏究

This paper is about “A Study on the Patients with Difficulty in Medical Dispute”. It seems that such tendency is influenced by promoted consciousness of patients in their right, collapse of reliability on medical service, and increased opportunities of legal structures. The damages to patients due to medical services are called medical accidents in medical services and only the faults are caused by doctors(medical institutes) are called medical faults. As they are provided to improve patients’ health or treat their diseases even though medical services accompany invasion to human bodies. There are many precedents that blame liability on illegal behaviors. it is difficult for patient to demonstrate the imperfectness of the medical service because he is not professional. If this problem is abandoned and offenses and defenses between the doctor and the patient are observed, equity and fairness pursued by the civil procedure can not be achieved. Meanwhile, if a disadvantage is given to the doctor in the lawsuit in consideration of non-professional aspect of the patient, it is also unfair. this study is to parallel a comparative analysis and a review on precedents in consideration of reality of the problem. Medical malpractice lawsuits are usually based upon a claim that a health care provider was negligent. To establish negligence, the plaintiff(patients) must prove the practitioner’s actions fell below the accepted standard of care, i.e., the degree of care a reasonable, similarly qualified health care provider would have provided under the same or similar circumstances. Establishing that a provider’s actions fell below the standard of care often involves the expert testimony of other health care professionals in the same field of medicine. Frequently patients are unconscious when the negligent act occurs or there is insufficient documentation regarding the health care practitioner’s participation during the medical procedure. When this is the case, it may be difficult to prove negligence, even with the assistance of experts. In such circumstances, some states allow patients to rely on a legal doctrine called “res ipsa loquitur” to establish liability. In conclusion, It should be amended that “Act on remedies of Medical malpractice and adjustment of medical dispute” be to include “res ipsa loquitur”