Some Legal Problems Related to Determination of Inevitableness in Medical Practice

, Jin Choe

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Original Article

Korean Journal of Legal Medicine 1987;11(1):47-49.

Some Legal Problems Related to Determination of Inevitableness in Medical Practice

Jin Choe

Catholic Medical College, Seoul, Korea

Abstract

The general atmosphere for the customer's claiming his right more and more is rapidly spreading to the medical world with the result that the patient is claiming his right strongly against the physician. Nowaday, there is an increasing number of legal cases in which patients raise a lawsuit against doctors even for minor reasons, which is serving as a source of keen attention in the medical circle. In view of such a trend, in this study, the author has discussed the possible effect on ruling in civil cases When legal theories in Smithes 4 Ds, on prima facie, and on resipsa loquitur are applied in the court where the evidence-based legal theory constitutes the mainstream theory.

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