The Comparison Research About Identified Medical Malpractice Between China And Korea

The medical error's essence is the medical establishment and the medical personnel to its attention duty violation, but as a result of the medical behavior's particularity, human body's difference, as well as the medical condition, the dangerous state as well as doctor factor and so on medical level influences, the same method of treatment possibly produces the different results, therefore the medical error recognized that the standard very difficult assurance, the scholars to the medical error to recognize theoretically the standard also has wide divided opinions. This article has conducted the thorough research to the medical error judgment standard, the standard which and the medical error emphatically discusses the Korean medical service error to recognize the present situation which, the medical error recognized recognized that aspect and so on existence question and flaw analysis questions, attempt to establish suit our country's medical error to recognize the standard.Recognized standard of medical negligence the basic theory, through negligence, medical negligence and other related research and comparative analysis of concepts, clear the original intention of using the concept of medical negligence, it illustrates the particularity of medical practice, unlike other tort. Some basic theory for the Korea recognized standards of medical negligence comparative study was foreshadowing.Recognized standards of medical negligence in China studies, due to the uneven development between regions, differences in the individual physician level factors, it is difficult to use uniform standards of medical negligence medical care, with the technological development and social progress, doctor also have a new duty of care. Scholars have identified the standard view of medical malpractice have advantages and disadvantages, this paper adopts the views of scholars Shaihong Gong and using empirical methods in addition to case studies, will be determined by medical mistakes into specific standards and criteria identified abstract, abstract standards, at the same time a series of principles to assist the clarification of the general criteria, specific factors such as medical, regional medical factors, the urgency of the medical factors.Korea recognized standard for medical malpractice, Korean scholars recognized standards of medical negligence there are different points of view, but through the study found that the characteristics are very similar, showing a very subtle difference. This paper uses a Korean scholar Xitai Shi recognized standards of medical negligence divided into objective and subjective and abstract standards and specific criteria, while analyzing the relevant legal precedents, summarized Korea recognized standards of medical negligence on the latest research results. Recognized by Korean standard of medical negligence, medical negligence not only found a deeper understanding of the experience from which can be used in China.Improving end of the article to identify standards of medical negligence ultimate goal summary improving standards for determining medical malpractice, and between countries through research that the study found medical negligence standard should be used "At the time of the national standard+difference", the full taking into account national standards, where standards and physicians a range of factors such as personal standards, a more reasonable point of view of settling international recognized standards of medical malpractice between the cross and chaos, to reduce medical disputes, harmonious relations between doctors and patients.