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Korean Journal of Legal Medicine 1981;5(Suppl DB Error: syntax error):58-61.
Legal Implications on Consent Forms for Surgical Operation
Dae-Yong Chang
Korean Federal Bar Association
Abstract
The essential factor of medical operation is for a medical doctor to perform operations in a general, professional, and medically acceptable manner, soley for the purpose of treating his patient's disease. Thus, the outcome of the operation is not requiste for the operational process. As long as the doctor performs a medically acceptable operation, he is not responsible for the operational result. Thus, the operation consent forms which are used, on the assumption that the doctor has to assume the responsibility for the outcome of the operation, becomes meaningless. When the doctor fails to perform professionally competent operations. the consent forms only serves as a reference material, not as the evidence to protect his malpractice. However, the consent forms will protect doctors from paying for the claims on a civil Suit.
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