@article{ART002940415},
author={Yeon Hwa Jun},
title={Duty of explanation and Civil Liability in medical practice},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2023},
volume={11},
number={1},
pages={207-234}
TY - JOUR
AU - Yeon Hwa Jun
TI - Duty of explanation and Civil Liability in medical practice
JO - Legal Theory & Practice Review
PY - 2023
VL - 11
IS - 1
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 207
EP - 234
SN - 2288-1840
AB - Medical practices require various incidental acts in the process of understanding and cooperating with each other to achieve the purpose of treating diseases. In other words, there will be multiple medical practices for patients and doctors to treat or improve diseases, and new treatments and risks appear, so the need for medical intervention or doctor's explanation and patient consent can continue to appear. The obligation to explain the patient's symptoms, the content and necessity of the treatment method, the risks in the treatment process, the existence and effectiveness of alternative treatment methods, and the prognosis and post-treatment sequelae.
In the case of medical practice, it would be safe to classify the medical personnel's obligation to explain ① the explanation for medical treatment as an explanation for instructions or guidance such as treatment method, and ② the explanation for consent as an explanation for diagnosis, progress, and risk of patients. This obligation to explain is understood as a legal obligation under a medical contract, and the causes of the right to claim damages for violating the obligation to explain are tort liability and default liability under civil law. Since there is no significant difference in claim requirements between them, the majority theory and precedent take the content of the claim competition theory.
KW - Obligation to explain;the right to self-determination;medical contract;default liability;compensation for damages
DO -
UR -
ER -
Yeon Hwa Jun. (2023). Duty of explanation and Civil Liability in medical practice. Legal Theory & Practice Review, 11(1), 207-234.
Yeon Hwa Jun. 2023, "Duty of explanation and Civil Liability in medical practice", Legal Theory & Practice Review, vol.11, no.1 pp.207-234.
Yeon Hwa Jun "Duty of explanation and Civil Liability in medical practice" Legal Theory & Practice Review 11.1 pp.207-234 (2023) : 207.
Yeon Hwa Jun. Duty of explanation and Civil Liability in medical practice. 2023; 11(1), 207-234.
Yeon Hwa Jun. "Duty of explanation and Civil Liability in medical practice" Legal Theory & Practice Review 11, no.1 (2023) : 207-234.
Yeon Hwa Jun. Duty of explanation and Civil Liability in medical practice. Legal Theory & Practice Review, 11(1), 207-234.
Yeon Hwa Jun. Duty of explanation and Civil Liability in medical practice. Legal Theory & Practice Review. 2023; 11(1) 207-234.
Yeon Hwa Jun. Duty of explanation and Civil Liability in medical practice. 2023; 11(1), 207-234.
Yeon Hwa Jun. "Duty of explanation and Civil Liability in medical practice" Legal Theory & Practice Review 11, no.1 (2023) : 207-234.
