@article{ART001880244},
author={SONG YOUNGMIN},
title={A Duty of Doctor about Faithful Notice against Its Patient or the patient’s bereaved family and The Law},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2014},
number={63},
pages={39-66}
TY - JOUR
AU - SONG YOUNGMIN
TI - A Duty of Doctor about Faithful Notice against Its Patient or the patient’s bereaved family and The Law
JO - DONG-A LAW REVIEW
PY - 2014
VL - null
IS - 63
PB - The Institute for Legal Studies Dong-A University
SP - 39
EP - 66
SN - 1225-3405
AB - 1) A Doctor in general is liable for a faithful notice against its patient or the patient’s bereaved family from beginning practising medicine to terminate practising medicine. This obligation is recognized by the Civil Law Section 683 that provides a duty of report in case of a contract of delegation.
The benefits and protection of laws in the obligation is in deciding ways of livelihood of the patient after treatment of him or her. In case of death of the patient, however, what is the benefits and protection of laws in the obligation against the bereaved family? The family has generally closely legal interests in the patient's everyday life and the Doctor's practising medicine. The legal interests include rights to be noticed because the patient's families do their best to cure or improve disease of the patient with the notice. Accordingly to a Doctor has a obligation of the notice against the patient's bereaved families as an incidental obligation by the contract of practising medicine. It is notable, therefore, that the objects of the notice obligation should be decided in the light of this doctrine.
2) An trustee has generally an obligation only to perform a trust contract with a duty of care. Notwithstanding the obligation only by the contract, why does the doctor has a obligation of the notice against the family?Because of peculiarity and special of the practising medicine, the fiduciary relationship between the patient and a Doctor is very important. A Doctor does his or her best to protect it patient's interest, and this effort should be continued not only for the patient's survival, but after the patient's death to protect the patient's personal rights.
In case of the patient's death, furthermore, there are two important rights. One is to protect the patient's personal rights, the other is to protect rights to decide ways of life of the patient’s bereaved family. The Doctor must protect these rights above. These rights can not be recognized by only a good manager caution obligation based on the Civil Law, and are more high level rights than the good manager caution obligation. These rights are only introduced by the fiduciary duty of loyalty on the fiduciary relationshipIn conclusion an author suggest that the Civil Law Section 681 should be newly interpreted to recognize a Doctor’obligations above under present legal systems. In general though the Section 681 is interpreted to provide the duty of care of the trustee, the Section should be interpreted to include the fiduciary duty of loyalty by the trustee in case of the peculiarity and special of the practising medicine.
KW - the duty of the physician;duty to notice;fiduciary relationship;fiduciary duty of loyalty;duty of care;ways of life
DO -
UR -
ER -
SONG YOUNGMIN. (2014). A Duty of Doctor about Faithful Notice against Its Patient or the patient’s bereaved family and The Law. DONG-A LAW REVIEW, 63, 39-66.
SONG YOUNGMIN. 2014, "A Duty of Doctor about Faithful Notice against Its Patient or the patient’s bereaved family and The Law", DONG-A LAW REVIEW, no.63, pp.39-66.
SONG YOUNGMIN "A Duty of Doctor about Faithful Notice against Its Patient or the patient’s bereaved family and The Law" DONG-A LAW REVIEW 63 pp.39-66 (2014) : 39.
SONG YOUNGMIN. A Duty of Doctor about Faithful Notice against Its Patient or the patient’s bereaved family and The Law. 2014; 63 : 39-66.
SONG YOUNGMIN. "A Duty of Doctor about Faithful Notice against Its Patient or the patient’s bereaved family and The Law" DONG-A LAW REVIEW no.63(2014) : 39-66.
SONG YOUNGMIN. A Duty of Doctor about Faithful Notice against Its Patient or the patient’s bereaved family and The Law. DONG-A LAW REVIEW, 63, 39-66.
SONG YOUNGMIN. A Duty of Doctor about Faithful Notice against Its Patient or the patient’s bereaved family and The Law. DONG-A LAW REVIEW. 2014; 63 39-66.
SONG YOUNGMIN. A Duty of Doctor about Faithful Notice against Its Patient or the patient’s bereaved family and The Law. 2014; 63 : 39-66.
SONG YOUNGMIN. "A Duty of Doctor about Faithful Notice against Its Patient or the patient’s bereaved family and The Law" DONG-A LAW REVIEW no.63(2014) : 39-66.
