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http://dx.doi.org/10.9708/jksci.2014.19.4.139

Challenges in Accordance with Current Law by the Enforcement of the Medical Dispute Adjustment Act  

Joung, Soon-Hyoung (Dept. of Biomedical Systems, Kwangju Women's University)
Publication Information
Journal of the Korea Society of Computer and Information / v.19, no.4, 2014 , pp. 139-147 More about this Journal
Abstract
Medical disputes the problem that occurs essentially among the rapidly increasing of the demand for health care and the attention of the public health. The subject of dispute is mostly criminal penalties and civil redress due to a physician's medical malpractice, resolved by agreement was prioritized. They trying to solve through the litigation and exercise the skills. But, the lack of clear standards and related legislation make difficult to solve the problem. for this, "The Act of Medical Malpractice Damage's Relief and Mediation for Medical Dispute Resolution" (Medical Disputes Adjustment Act) was enacted in April 7, 2011 and performed in Apr. 8, 2012. To solve the problem autonomously between the parties. It is the legislative intent such as mediation or arbitration to solve the conflict between the parties. But there are some problems that examined from the perspective of constitutional review with the criminal and civil problems. Therefore, this paper will find out the legal issues about Medical Dispute Adjustment Act and the constitutional and civil issues. And want to expect to be prepared the more stable and efficient solution of medical disputes.
Keywords
Medical Dispute Act; Medical malpractice; Medical dispute; Mediation; Medical examiners; ADR(Alternative Dispute Resolution);
Citations & Related Records
Times Cited By KSCI : 1  (Citation Analysis)
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