의료책임의 변화와 의료법학의 새로운 과제

The study of medical law in the early 1990s was very different from the situation today, and the situation of the medical community has changed to a very complex situation, with economic development and medical development emphasizing the economics of medical care. This paper takes the opportunity to compare the research of the late Prof. Dr.med/Ph.D, Lee, Joon-sang with today's research and to examine which parts of the typology of negligence were problematic then and what differences there are compared to today, especially with regard to the prevention of medical accidents. To this end, it will be examined recent developments in the field of medical negligence and the duty to inform and comparative implications are the possible conclusions that can be drawn as a result of analysis. In addition, this study introduces recent trends and discussions on organizational negligence, patient safety, and the collective liability system for medical accidents as future research issues in medical law. In particular, it examines the unique type of liability of a hospital operator as a structural negligence type rather than an individual negligence type through a discussion of theories and a comparative legal review in relation to the third type of organizational duty to be raised when it does not meet the legal standards in case law. Finally, the purpose of this research also analyzes case law on the issue of causation in relation to organizational negligence and examines the implications for the prevention of medical errors and institutional improvements.