Korean J Anesthesiol.  1997 Mar;32(3):427-439. 10.4097/kjae.1997.32.3.427.

Analysis of the Interpretation of Supreme Court for the Duty to Physician's Explanation and Patient's Consent, and Clinical Condition

• Kim CH

• KMID: 2033331
• DOI: http://doi.org/10.4097/kjae.1997.32.3.427

Abstract

BACKGROUND
In recent years the duty of physician's explanation is involved in significant issues in the area of Medical Malpractice. The medicolegal aspects have become increasingly important as the Korean public has turned to the Courts for redness when their expectations of medical treatment are not met. The purpose of this paper is to set the duty to physician's explanation on medical treatment concerning the patient's consent by interpretations of our supreme court.
METHODS
Interpretations of our supreme court in 9 cases were analyzed in legal aspects of physician's explanation on medical treatment. Also the causes and incidence of special anesthetic permission(SAP), and incidence of detailed explanation sheets(DES) were analyzed deparmentally.
RESULTS
In 9 cases of interpretation of supreme court, 6 cases were recognized in consolation money due to violation of the duty to physician's explanation, 2 cases were recognized in consolation money and demand reparation for injury due to medical faults.
CONCLUSIONS
The physician must provide full and appropriate explanation on meidcal treatment concerning the consent to patient, which is given the opportunity to ask questions or to make a choice if any is to be made.

Keyword

Medicolegal; medical malpractice; physician's explanation; patient's consent; interpretation

MeSH Terms

Humans
Incidence
Jurisprudence
Malpractice