의료과오의 판례 분석

Abstract

This is intended to give dentist the guideline of avoiding dental malpractice suit and getting some reasonable solutions in the suit. This paper analyzes the law provisions that are applied to medical malpractice litigations and the trend of rulings in such litigations. As the analysis of trend shows, the Korea Supreme Court recognizes that it is so hard for patients to provide evidence in the litigations. And it emphasizes that doctors should fulfill their professional commitment and explain the method and result of treatment as well as the prognoses and sequelae of disease in detail. As a result, it can significantly reduce the risk of litigation when dentists treat patients more carefully and give detailed explanations to patients. Most of the medical suits occur when doctor are unfaithful to their patients and patients are not able to control their emotions. Therefore, dentists had better try to answer all the questions from patients and understand their emotions with sincerity. In addition, it is recommended that dentists should be advised by lawyers and be positive and cooperative with the court’s meditating efforts, when involved in such litigations.