醫師와 患者의 法律關係에 관한 考察

Abstract

As a rule, the juridical relation of doctor and the patient in compliance with a contract is formed. But the juridical relation of doctor and the patient in compliance with a contract not to be, the case which is formed is. In principle, the medical treatment contract is compensatory contract. The motion form which is drawn up in name of operation written consent etc. roughly about contents or dangerousness of medical treatment act is becoming the explanation and is becoming the autographic signature and limits in case and the legal effect is recognized. Therefore the motion form which is formal is not a legal effect. About legal nature of medical treatment contract the various theory is opposing. The common opinion is charge contract opinion but the attitude of judicial precedent is not clearly. About patient debt of doctor is not result debt but means debt. Doctor legal as a matter of duty without the case which will give medical treatment the patient, relationship of doctor and the patient office management or must understand in factual contract. The person concerned of medical treatment contract generally is doctor and the patient. But the case where the legal representative or the guardian substitutes the patient is. When the medical treatment contract is formed, doctor is made to charge a medical treatment duty and the patient makes a repair urgent duty charge. In addition, doctor explanation duty, secret outstanding duty and medical treatment record duty, charges all the member obligatory etc. And the patient charges a medical treatment cooperative duty.