The legal doctrine on 'limitation of liability' in the precedent analysis on plastic surgery medical malpractice lawsuits
- 주제(키워드) Lawsuits , Liability , Malpractice , Plastic surgery
- 발행기관 Korean Academy of Medical Science
- 발행년도 2015
- 총서유형 Journal
- URI http://www.dcollection.net/handler/ewha/000000122988
- 본문언어 영어
- Published As http://dx.doi.org/10.3346/jkms.2015.30.12.1718
- 저작권 이화여자대학교 논문은 저작권에 의해 보호받습니다.
초록/요약
This study intended to review the precedents on plastic surgery medical malpractice lawsuits in lower-court trials, classify the reasons of 'limitation of liability' by type, and suggest a standard in the acknowledgement of limitation of liability ratio. The 30 lowercourt's rulings on the cases bearing the medical negligence of the defendants acknowledged the liability ratio of the defendants between 30% and 100%. Ten cases ruled that the defendants were wholly responsible for the negligence or malpractice, while 20 cases acknowledged the limitation of liability principle. In the determination of damage compensation amount, the court considered the cause of the victim side, which contributed in the occurrence of the damage. The court also believed that it is against the idea of fairness to have the assailant pay the whole compensation, even there is no victimside cause such as previous illness or physical constitution of the patient, and applies the legal doctrine on limitation of liability, which is an independent damage compensation adjustment system. Most of the rulings also limited the ratio of responsibility to certain extent. When considering that the legal doctrine on limitation of liability which supports concrete validity for the fair sharing of damage, the tangible classification of causes of limitation of liability suggested in this study would be a useful tool in forecasting the ruling of a plastic surgery medical malpractice lawsuit. © 2015 The Korean Academy of Medical Sciences.
more