| Law Application in Cardiac Claim |
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Gook Jin Moon |
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Institute of Legal Medicine, Korea University, Seoul, Korea |
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| Abstract |
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The law of averages dictates that most individuals suffering from a heart disorder will have been subject t o some form of physical, thermal, or physiologic trauma in varying degree, preceeding an acute phase or the initia1 detection of the condition. A traurnatic experience may precede by moments or actually coincide with the cardiac event. The law of society attempts to determine if such trauma is causally significant. With the exception of those cases where the issue is solely one of disability evaluati on. Most legally controverted cardiac claims are primarily concerned with the problem of causation. Simply stated, the basic legal issue is whether a particular incident, episode, accident, traumatic factor, or events caused a climate's cardiac illness, disability, or death. If so, there may exist a legal liability with an award of monetary damages to the plaintiff or those claiming through him, on one side, and an assessment of financial responsibility on the defendant, on the other. This paper, therefore, discussed medical concept of causality and legal requirements concerning opinions causality in cardiac claims. |
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