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Medical Care Act

  • Data Source:Department of Medical Affairs
  • Created:2018-03-13
  • Last Updated:2018-05-22

Article 82

Those conducting medical practices shall exercise due care in carrying out a medical procedure.

 

Only in the event that medical personnel cause harm to patients in conducting medical practices intentionally or breach of medical due care, which goes beyond reasonable exercise of professional clinical discretion, the medical personnel shall be bound to compensate for such harm.

 

 

Only in the event that medical personnel negligently cause injury or death to patients in conducting medical practices due to a breach of medical due care, which goes beyond the reasonable exercise of professional clinical discretion, the medical personnel shall assume criminal responsibility.

 

The extent of the breach of the duty of due care and professional clinical discretion, as set forth in the preceding two paragraphs, shall be determined based on objective conditions such as the customary medical practice, medical level, medical facilities, working conditions, and level of emergency or urgency in the locality at the time of practice in the medical field concerned.

 

Medical care institutions shall be liable for compensation only for such harm that causes to patients in the course of medical practices, whether deliberately or negligently.