의료사고의 책임소재에 관한 실증적 연구

Abstract

Background: Recently medical malpractice lawsuits have been increased according to the increase in medical practice. But the differences in opinion on responsible parties among doctors, patients and lawyers may cause disobedience for sentence, appeal and prolonged litigation. Methods: Ten malpractice cases that involved surgeons, anesthesiologists, and hospitals were randomly selected from a legal database. Case summaries were sent to forty professors of law, forty anesthesiologists, and a control group of forty middle or high school teachers with a questionnaire asking who had been responsible among surgeon, anesthesiologist and hospital if regarded as malpractice. Results: There were significant differences among three survey groups in 7 cases about malpractice responsible parties. Conclusions: These different opinions shows that there is a possibility of significant differences in opinions among plaintiff, defendant and lawyer in lawsuit.