투약에 관한 의사 및 약사의 설명의무

Abstract

Doctor has the liability for explanation to patient. The liability for explanation means that doctor shall explain symptom of disease, need of medical examination, method of medical examination, risk of medical examination, prognosis, etc. to patient. However, there is no theory about whether the doctor's liability for explanation can be applied to the dosage of medicine. Then, in case of dosage for patient, who have to explain what contents? As division of medical practice and dispensing is performed, the right to prescribe medicine was given to doctor and the right to manufacture medicine was given to pharmacist. Although medicine plays the role to cure disease and protect health generally, it accompanies side effect. Therefore, most of the subject and scope of specific explanation is related to side effect in the dosage of medicine. Regarding the doctor's explanation to patient, doctor shall provide patient with proper explanation in the prescription of medicine so that patient can make a decision by comparing and considering the risk caused by the disease and the risk caused by the use of medicine. When pharmacist manufactures and sells medicine according to prescription, it means that patient already agreed to the dosage after hearing the explanation from doctor for his self-decision. Therefore, pharmacist's liability for explanation can be exempted for the overlapped part in this case. If pharmacist manufactures medicine at discretion or sells general medicine, however, there is no intervention of doctor so it is general that independent liability for explanation is given to pharmacist. When pharmacist sells general medicine, it is hard to say that the liability for explanation, which is required for doctor or is required for medicine manufacture, is given to pharmacist. When pharmacist manufactures or sells medicine, he has the liability for internal use guide defined under Pharmaceutical Affaire Law in addition to the liability for explanation. The liability for internal use guide is that the liability to explain effective use of medicine is partially legalized. The liability for explanation is related to need of medicine dosage and side effect of patient's decision but the liability for internal use guide is related to the side effect of doctor's prescription. Therefore, their characteristics are different and each party is responsible for damage compensation. Reinforced professional ㆍ medical characteristic was given to pharmacist and the role of medical information provider was more emphasized. Doctor and pharmacist's liability for explanation about dosage is the processes of medicine and pharmacy to treat the most precious life and body of human so its social responsibility is specially emphasized today.