의료사고의 인과관계와 증명책임

This paper examined the proof of causality in medical accidents, and as a result, reached the following conclusions. First, there are constant disputes regarding the causal relationship caused by medical accidents. At this time, it is very unreasonable for the doctor to compensate for all the damages related to the medical accident, so in the end, the doctor bears only the damages related to the legal causation. Limited to things. Secondly, the purpose of compensation for damages due to medical accidents is to telegram the actual damages, but the scope of compensation for damages is specifically determined by a compromise theory in the theory of relations with a considerable number of people. Third, in order to make a doctor liable for medical malpractice, there must be a causal relationship between the medical practice and the damage suffered by the patient, but the patient is causal d ue to the med ical specialty and peculiarity. It is difficult to prove the relationship. be. Therefore, various measures such as expression proof have been taken to reduce the difficulty of proof of the patient, and the Supreme Court case widely admits this. Fourth, the judicial position regarding the proof of the causal relationship of medical accidents often shifts the de facto burden of proof on the principle of easing the burden of proof and sharing the damage fairly.