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@article{ART002151790},
author={Jong-Ryeol Park},
title={Doctor's Civil Liability on the Treatment of Patients in the Medical Contract},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2015},
volume={3},
number={2},
pages={65-100}

TY - JOUR
AU - Jong-Ryeol Park
TI - Doctor's Civil Liability on the Treatment of Patients in the Medical Contract
JO - Legal Theory & Practice Review
PY - 2015
VL - 3
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 65
EP - 100
SN - 2288-1840
AB - All people have the right that they do not allow their bodies to be treated by others without their permission. Especially, doctors’ treatment behavior is for curing patients’ diseases and improving their health. In general, however, there is always danger in the treatment as a behavior inflicting the safety of patients’ bodies. Therefore, doctors must treat patients respecting their discretion in medical treatment behavior. Also, they have the obligation of the explanatory duties such as giving patients enough explanation in advance and taking their agreement about the whole parts of medical treatment-symptoms, the method and content of treatment, etc. Like this, the explanatory duties of a doctor are that doctors must explain patients the important matters like danger and side-effect expected hereafter in order to get agreement or permission from patients about physical invasion. By the way, if doctors are idle for the explanation to patients, without any mistake in treatment, the dispute responsible for compensation for damages could happen in the case of patients’ symptoms and side-effect by treatment behavior. In this situation, for the fair and desirable solution in the medical dispute increasing between doctors and patients, the legal theory about the explanatory duties of a doctor is not still enough. Accordingly, I would like to suggest the desirable solution plan for medical dispute by reviewing the foreign legislation example related to doctors’ explanatory duties, implement and exemption of explanatory duties, and violation of explanatory duties and civil liability.
KW - doctors' explanatory duty;patients' discretion;agreement for patient;physical stability;medical invasion.
DO -
UR -
ER -

Jong-Ryeol Park. (2015). Doctor's Civil Liability on the Treatment of Patients in the Medical Contract. Legal Theory & Practice Review, 3(2), 65-100.

Jong-Ryeol Park. 2015, "Doctor's Civil Liability on the Treatment of Patients in the Medical Contract", Legal Theory & Practice Review, vol.3, no.2 pp.65-100.

Jong-Ryeol Park "Doctor's Civil Liability on the Treatment of Patients in the Medical Contract" Legal Theory & Practice Review 3.2 pp.65-100 (2015) : 65.

Jong-Ryeol Park. Doctor's Civil Liability on the Treatment of Patients in the Medical Contract. 2015; 3(2), 65-100.

Jong-Ryeol Park. "Doctor's Civil Liability on the Treatment of Patients in the Medical Contract" Legal Theory & Practice Review 3, no.2 (2015) : 65-100.

Jong-Ryeol Park. Doctor's Civil Liability on the Treatment of Patients in the Medical Contract. Legal Theory & Practice Review, 3(2), 65-100.

Jong-Ryeol Park. Doctor's Civil Liability on the Treatment of Patients in the Medical Contract. Legal Theory & Practice Review. 2015; 3(2) 65-100.

Jong-Ryeol Park. Doctor's Civil Liability on the Treatment of Patients in the Medical Contract. 2015; 3(2), 65-100.

Jong-Ryeol Park. "Doctor's Civil Liability on the Treatment of Patients in the Medical Contract" Legal Theory & Practice Review 3, no.2 (2015) : 65-100.