의료사고에서 후발손해의 발생 및 정기금배상의 적용 필요성

• 영문명: Adaptable necessity of late loss and installment compensation in medical malpractice
• 발행기관: 원광대학교 법학연구소(의생명과학법센터)
• 저자명: 이정환(Lee, Jeong-Hawn)
• 간행물 정보: 『의생명과학과 법』제12권, 23~54쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.12.30

영문 초록

Because medical malpractice suits are about human s life and body, they can affect medical personnel in financial bankruptcy as obligation to compensate is admitted. For example, if serious encephalopathy or persis tent vegetative state happen to patients because of medical malpractice, hospital conducts medical judging body to comprehend loss of disability. through medcal jdging body, rate of loss of labor capacity, life expectancy, and additional expense to medical treatment will be caculated because disability of patients remains uncomplete condition. Therefore, doctor takes more lage range of charge, in such case court orders a lump sum allowance compensation and financially situation can be worse. In addition, becacuse life expectancy is not definite in modern medical science level, the average of judging body is determined by contemporary life expectancy on settling money. So, if contemporary life expectancy is over and the patient continuously lives, expanded damage matters. Way to give punitive damages is two. The one is a lump sum allowance compensation as mostly admitted, the other is installment compensation as exceptionally. But, korean court s tendency in civil liability of mdern medical malpractice to reckon compensation for damages hesitates definite installment because of lack of ensuring performance. Just merely, as mdical expense and nusing expense caused by illegalact of body invasion, it is possible to receive regularly for another use of money. In civil liability of medical malpactice, when late loss appears because result of judging body or averge on settling money is changed, previous jugement or settlement matter. And on chargeing excessive compensation, it matters to give installment compensation. Thus, in view of patient how desirably court makes up for disability, and in view of doctor how to distribute for compensation of medical personnel needs. So, in this manuscript, firstly when unpredictable late loss is ordered, admirable grounds about that late loss will be considered. Also, such admission in medical malpractice brings expansion of compensation, because through later suits judging body is not always same condition. for this reason, adaptable necessity will be discussed in that installment compensation can be alternative.

목차

Ⅰ. 서 론

Ⅱ. 후발손해에 대한 추가 배상청구

Ⅲ. 정기금배상제도와 정기금판결의 변경

Ⅳ. 결 론 ; 의료사고에서 정기금배상의 적용 필요성

키워드

의료과오소송 후발손해 정기금배상 일시금배상 변경의 소 신의성실 원칙 Medical malpractice suits Late loss Installment compensation A lumpsum allowance compensation Suit of change Principle of good faith