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TITLE Supreme Court Decision 2011Da36848 Decided February 28, 2013 ¡¼Damages¡½ [full Text]
Summary
Where a physician opted for a follow-up observation instead of an immediate additional test and such decision lies within a reasonable scope, even if the physician did not explain possibility of sudden deterioration of patient¡¯s condition or availability of an additional test by considering the exceptional situation such as sudden deterioration which is not an ordinary convalescence process under the current medical standard, it cannot be viewed that the physician caused the patient¡¯s treatment opportunity to be lost or infringed the patient¡¯s right to self-determination in violation of the duty of explanation.
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