Nation’s Liability in the Medical Accidents

, Gook Jin Moon

Original Article

Korean Journal of Legal Medicine 1990;14(1):12-23.

Department of Legal Medicine, Korea University, College of Medicine, Institute for Legal Medicine, Korea University, Seoul, Korea

Abstract

Legal Concepts, doctrines and theories which are related to malpractice, are simply subdivisions of tort law that are constantly being applied in the general field of civil negligence, or personal injury litigation. In order for there to be a cause of action in a professional liability lawsuit against a physician, there must be a close relationship between the physician's conduct and the patient's damages. In some instances, however, despite good medical attention and care, an individual fails to respond properly. This situation could be referred to as therapeutic misadventure, which is more experienced in the cases related with medications and vaccinations, etc. As a matter of fact, medical drugs and vaccines are made under control of nation, and involuntary medical performances such as diagnosis to find out tuberculosis or veneral diseases, and vaccination to prevent the infectious diseases are also conducted under nation's control without intention of patient or physician. Therefore, in this article, I discussed on the nation's liability in the medical accidents