A medical treatment activity has been changed into a legal contract relation, and also the concept of it has become subdivided and complex unlike the past. The development of a spearhead medical art has made a great contribution to the humankind, but as a people's knowledge and consciousness level has become higher and their demand of a medical treatment has been increased strikingly, the medical trouble caused by a medical fault has been amplified more and more in the real life.
All the medical troubles are not premised on a medical fault, and doctors don't have to be responsible for all the medical accidents. When a doctor act a medical treatment, only in case of he doesn't pay a necessary attention to a patient because of his professional negligence and that causes the result of an accident to the patient, the doctor must be responsible for the accident. Therefore a doctor's responsibility of a medical fault is about the ground and the limitation on the responsibility.
As described, with the development of a medical science, the concept and the interpretation range of a medical treatment activity tend to be extended that much, and the opinions about the character of a medical contract are being developed variously. From the viewpoint of the speciality of a medical treatment activity which need a high professional knowledge and experience, it is almost impossible for the common people to point out and prove the medical faults. About the responsibility trouble that is difficult to explain in reality, many academic researches and judicial precedents are produced in the country as well.
If the legal character of a medical fault would be analyzed on a doctor's responsibility part, from the viewpoint of illegal activity or the nonperformance of a debt, both the doctor and the patient must take charge of the part of the proof burden. It cannot be regarded that the strict establishment of a point of reference protect a patient better and ask a doctor's responsibility.
This study is intended to discuss legally and logically with the comparative sentences in interpreting the causes of a medical trouble. This thesis is focused on the necessity of the institutional complement as for the problem of a medical fault, because much information that modern people get through internet are useful, but coincidently the excessive and incorrect information can result in the fatal accident. And this thesis is also to suggest that the legislative efforts should be performed and the regulations related with a medical accident established so that the victims of medical accidents may take the least damage and reduce the double agony such as a long term lawsuit.