DOI QR코드

DOI QR Code

연명의료결정법의 시행과 제도적 실현을 위한 방안

Act on hospice-palliative care and life-sustaining treatment decision-making and institutional measures for its implementation

  • 허정식 (제주대학교 의학전문대학원 비뇨기과학교실) ;
  • 김기영 (고려대학교 좋은의사연구소)
  • Huh, Jung-Sik (Department of Urology, Jeju National University, School of Medicine) ;
  • Kim, Ki-Young (Korea University, Center for Good Doctor)
  • 투고 : 2019.12.09
  • 심사 : 2019.12.28
  • 발행 : 2019.12.31

초록

First of all, this study shows the legal issues of hospice and palliative care, and the legal basis for lifelong medical practice is generally derived from medical, civil and criminal law regulations, and is applied to patients who are severely ill and dying in principle. In addition, those what is particularly meaningful about hospice and palliative care in terms of legal aspects are discussed the determination of the purpose of care and the provision of medical adaptability and adult guardianship, in particular the legal criteria for the work and status of patient representatives. As such, the purpose of care is to form part of the contract of care and to be agreed between the patient and the physician. In addition, the patient may not write to his/her agent in advance, and the patient may admit discretionary powers to his/her agent, but the patient's will is to be considered. In conclusion, the medical institutional ethics committee should play an active role, especially in the case of no-agents/family or no intention of the patient.

키워드

참고문헌

  1. Yi SD. Analysis of 'Borame Hospital Case' in Legal Theory. Korean Journal of Med Law 1999;6:91-104.
  2. Lee SB, Criterion and procedure for termination of Life-sustaining Treatment. J Criminal Law 2009;21:147-70. https://doi.org/10.21795/kcla.2009.21.2.147
  3. Act on Hospice-palliative Care and Life-sustaining Treatment Decision-making. No. 14013 (Feb 3, 2016).
  4. Kim KY. Criteria for Medical Responsibility When Using New Treatment Methods. Justice 2009;112:174-207.
  5. Kim MW. Problems Surrounding the Implementation of Well-dying Law. Kyungpook Natl Univ Law J 2019;65:33-41.
  6. Lee SM, Kim SJ, Choi YS, Heo DS, Baik SJ, Choi BM, et. al, Consensus guidelines for the definition of the end stage of disease and last days of life and criteria for medical judgment. J Korean Med Assoc 2018;61:509-21. https://doi.org/10.5124/jkma.2018.61.8.509
  7. Lipp V. in: Laufs/Katzenmeier/Lipp, Doctor's law. 7th Ed. 2015, Cap. VI, Rn. 95.
  8. Lipp, V. The legal Framework of hospice and palliative care. MedR 2018:36;754. https://doi.org/10.1007/s00350-018-5044-3
  9. Kim B, Kim M. Using a Health Care Proxy to Overcome Limitations of the Act on Decisions on Life-sustaining Treatment. Korean J Med Ethics 2018;21:95-113. https://doi.org/10.35301/ksme.2018.21.2.95
  10. Kim SG, Lee IH. Is it possible to improve the decision-making for mentally incapacitated patients?: A case for Independent Patient Advocacy. Korean J Med Law 2017;25:117-27. https://doi.org/10.17215/kaml.2017.06.25.1.117
  11. Ko BJ. Comparative study of Korean law and US law about the regulation of Withdrawing Life-sustaining, Law & Policy Review 2019. The Institute of Law & Policy Jeju National University 2019:25:1-25.
  12. Levenson SA. Medical direction in long-term care: a guidebook for the future. Durham, NC: Carolina Academic Press, 1993.
  13. Schneiderman LJ, Gilmer T, Teetzel HD, Dugan DO, Blustein J, Cranford R, et al. Effect of ethics consultations on nonbeneficial life-sustaining treatments in the intensive care setting: a randomized controlled trial. JAMA 2003;290:1166-72. https://doi.org/10.1001/jama.290.9.1166
  14. Kim SH. Family Surrogates' Decision Regret and Psychological Stress about End-of-Life Cancer Treatments: Path Analysis. J Korean Acad Nurs 2018;48:578-87. https://doi.org/10.4040/jkan.2018.48.5.578