정신질환자의 자살과 의료과오책임

다국어 초록 (Multilingual Abstract)

Due to the awareness of their rights for medical liability and the advancement of legal principles, it becomes also not hard to find those who seek damages against hospitals, doctors and nurses for the suicide committed under the protection of psychiatric institute in Korea these
days.
Judgements on these kinds of cases are not enough yet, so that it may be too early to try to find principles used in these cases, however it is hardly wrong to read following things from above cases. That is, to gain the case, plaintiffs should show (1) there exists an obligation of “due
care”(there is a special relation between patients and hospitals), (2) the duty is violated on the basis of the applicable standard of care, (3) whatever injures or damages are sustained are proximately caused by the breach of duty and (4) the plaintiff suffers compensable damages.
To specific, whether a psychiatric institute was liable for wrong death or not depends upon the patients conditions, circumstances and the extent of the danger the patients poses to himself or herself; in short, the foreseeability of self-inflicted harm(the doctor should have or could
reasonably have foreseen the patient's suicide and the doctor's negligence actually caused the suicide). In this context if a patient exhibit strong suicidal tendencies, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly
and unexpectedly dashes from an attendant and jumps out a window or otherwise attempts to injure himself or herself. And the standard of conduct that is required to meet the obligation of “due care” is based on what the “reasonable practitioner” would do in like circumstances.
The standard is not one of excellence or superior practice; it only requires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. Most of these principles have been established at cases of the U.S.A and Japan.
In this article you can also find the legal organizations of medical liability and medical contacts on the suicide of patients who have psychiatric diseases under Korean negligence law.

목차 (Table of Contents)

• I. 들어가는 말
• II. 정신질환자의 자살사고에 관한 의료과오책임과 그 진료계약의 법적구성
• 1. 정신질환자의 자살사고에 관한 의료과오책임의 법적구성
• 2. 정신질환자와의 진료계약의 법적구성
• III. 우리나라의 판례
• 1. 개방적 치료를 받던 환자가 자살한 사례
• 2. 폐쇄병동이나 보호실에 수용된 환자가 자살한 경우
• 3. 검토
• IV. 일본의 판례
• 1. 개방적 치료를 받던 환자가 자살한 사례
• 2. 폐쇄병동이나 보호실에 수용된 환자가 자살한 경우
• V. 미국의 판례
• 1. 일반적인 원칙
• 2. 자살의 예견 가능성 (Requirement that suicide be foreseeable)
• 3. 자살의 예견 가능성 (Requirement that suicide be foreseeable)
• 3. 보호의무의 내용과 정도 (the extent of the hospital's duty to protect the patient)
• 4. 인과관계 (Requirement of causation)
• VI. 맺는말
• 1. 예견 가능성의 징표가 되는 구체적인 정황들
• 2. 보호 (주의)의무의 내용과 정도
• 3. 판단의 방법
• 4. 심리방법상 유의사항
• 참고문헌
• ABSTRACT