의료과오소송과 인과관계 = The action of the medical malpractice and the causality

다국어 초록 (Multilingual Abstract)

In accordance with medical doctors deal with human life which is the most precious of all, their social responsibilities and senses of obligation are inevitable. Nowaday, judical cases of medical malpratice tend to increase gradually in every country. Considering from an angle of the above tendancy, the establishment of legal theories based on proceedings and positive law should be demanded for accuracy related to the responsibilities of doctors in medical malpractice. We study on this thesis as fallow. After we have reviewed a scope of causality, having done the causalities and burdens of proof in medical malpratice especially, Ansheinbeweis, Res Ipsa Loquitur, the legal theories disturbance for proof, and the conversion theories on liabilities for proof as a neutralizing theory. The neutralization of liabilities for proof is indispensable for patients to protect their rights, but it seems to be possible for infringement to physicians rights. Accordingly, the theories on liabilities for proof should be mastered continualy and be appropriate to justice.

목차 (Table of Contents)

• Ⅰ. 문제의 제기
• Ⅱ. 의료행위의 의의와 특질
• 1. 의료행위의 의의
• 2. 의료행위의 특질
• Ⅲ. 의료과오의 의의
• Ⅳ. 의료과오에 있어서 인과관계
• 1. 의료과오의 인과관계의 특질
• 2. 인과관계의 범위
• Ⅴ. 의료과오소송과 인과관계의 입증
• 1. 인과관계의 입증의 곤난성
• 2. 입증책임의 완화이론
• 3. 입증책임의 전환
• Ⅵ. 결론
• 참고문헌
• 영문초록