판례에 나타난 “의료수준”의 내용에 관한 연구

In a typical medical malpractice lawsuit, the patient becomes a plaintiff, if he want to claim damages and doctors become a defendants. It will be a claim with the contents that the doctor has violated the duty of care on the contract or on the fact. Here, the duty of care of a physician are based on the level of medical standard that has been practiced in the clinical medicine field at the time of the medical practice. The medical standard, at that time a normal doctor was a medical practice, commonly known, also has been endorsed, means the so-called medical common sense. Accordingly clinical environment and conditions, in consideration of peculiarities of medical practice, but should be understood in a normative level. Contents, such as described above, are those that have been declared through the most recent case law. However, in order to determine the medical malpractice, Japan to apply the same standards like us, practically to present a new content for the standard of medical standards, admits negligence, such as a physician through it. Therefore, identifi- cation of the substance, including the contents of the above medical standards can do that most important core tasks in a medical malpractice lawsuits.