간호사의 진료보조 및 의사의 지도감독 의무 — 대법원 2003.8.19 선고 2001도3667 판결에 대한 연구 —

Abstract

There has been lots of developments in the medical fields along with the development of scientific techniques and medical equipments. Simultaneously, there has also been a lot of medical accidents. Accordingly, medical malpractice of lawsuit has been increased because of some mistakes through medical treatment and surgery. In fact, medical dispute will be occurred continuously as the sense of peoples about medical accident is getting higher for their rights and they don’t want to overlook about it. In the past the nurse in legal responsibility was regard as doctor’s helper(performer aid). So a nurse’s intention․mistake was regard as a doctor’s, too. However the legal responsibility is not limited to nurses in advanced practice in these days. Actually medical practice is not an individual action but a collective action by a team that needs close cooperation among the team members. A nurse, one of team, is an assistant to a doctor. Recently nurse’s role and important are increasing in development of the science of nursing and the improvement in nursing quality and so their responsibility is also increasing. And then, we don’t regard a nurse as only a doctor’s helper because their specially and independence are very increasing. To define nurse’s civil liability in medical in medical malpractice, it is necessary to identify both legal nursing behaviors and nurse’s due care in those nursing behaviors. So this paper focused on nurse’s civil liability in nursing malpractice and it would be helpful to the study in nursing specialist. And I would like to examine legal responsibility of a doctor and a nurse independent rank.