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http://dx.doi.org/10.5953/JMJH.2021.28.1.30

Analysis of the Leading Cases of Nurses charged with Involuntary Manslaughter  

Song, Sung Sook (Research Institute of Nursing Right)
Kim, Eun Joo (Deprtment of Nursing, Gangneung-Wonju National University)
Publication Information
Journal of muscle and joint health / v.28, no.1, 2021 , pp. 30-40 More about this Journal
Abstract
Purpose: This study aims to present nurses' legal conflicts and legal basis through the precedent analysis of a crime of professional negligence resulting in death and injury for the past 20 years and provide vital references to cultivate the correct and high-level legal consciousness of nurses. Methods: This study was conducted in five stages of the systematic content analysis method. It amalyses the precedents of a crime of nurses' professional negligence resulting in death and injury from 2000 to 2020. The application system for the provision of the written judgment was used to collect precedents. A total of 67 cases were analyzed in this study, and they were classified according to the type of nursing error, and the contents were systematically analyzed. Results: A total of 52 cases (77.5%) of nursing errors were caused by independent nursing practices. They were classified as 38 cases (A1) in the violation of patient supervision obligations, 12 cases in the violation of progress observation obligations (A2), one case in the violation of medical equipment inspection obligations (A3), and one case in the violation of explanation and verification obligations. Among the non-independent nursing practices (code B), B1 was 10 cases related to administrative acts, one blood transfusion accident (B2), and one anesthesia accident (B3). Conclusion: To prevent nurses from being involved in legal confits, the advocation of systematic training such as nurses' legal obligations and judgment grounds through case-based learning from the recent precedent analysis and promote nurses' legal perspective, and preventive activities are essential.
Keywords
Nurse; Negligence; Professional; Analysis;
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1 Kim, M., Kim, I., & Lee, Y. (2018). Focusing on registered nurse, midwife, advanced practice nurse and nurse Assistant. Health and Social Welfare Review, 38(3), 420-457. https://doi.org/10.15709/hswr.2018.38.3.420   DOI
2 Kim, Y. S., & Kim, T. E. (2019). Analysis of legal liability in medical accident due to nursing practice through precedents. Korean Journal of Legal Medicine, 43, 119-128. https://doi.org/10.7580/kjlm.2019.43.4.119.   DOI
3 Korea Consumer Agency. (2019). Half of the elderly safety accidents occur in the home. Retrieved December 1, 2020, from: https://www.kca.go.kr/kca/sub.do?menukey=5084&mode=view&no=1001029197
4 Korea Medical Dispute Mediation and Arbitration Agency. (2019). 2017 Statistical Yearbook of the Korean Medical Dispute Mediation and Arbitration Agency. Retrieved December 1, 2020, from: https://www.k-medi.or.kr/lay1/bbs/S1T13C24/A/2/view.do?article_seq=3402
5 Kwon, B. (2006). Analysis of judicial precedents of medical disputes found in the clinical dental field. Unpublished doctoral dissertation, Yonsei University, Seoul.
6 Lee, D. Y. (2014). Understanding the cause of medical malpractice through an analysis of the sentencing of pediatrics' medical litigation and measures to prevent a repeat. Unpublished master's thesis, Yonsei University, Seoul.
7 Lim, J. S. (2012). A study of a medical doctor and a nurse's penal liability for negligence in accordance with the division of medicine. Unpublished master's thesis, Yonsei University, Seoul.
8 Korea Institute for Healthcare Accreditation. (2019). Korean patient safety incident report 2018. Retrieved December 20, 2020, from: https://www.kops.or.kr/portal/board/stat/boardList.do
9 Nam, S. Y. (2013). A nurse practitioner's legal awareness and understanding of medical malpractice.disputes. Unpublished master's thesis, Gyeongbuk University, Daegu.
10 Park, M. Y., & Kim, E. (2018). Perception of importance of patient safety management, patient safety culture and safety performance in hospital managerial performance of hospital nurses. Journal of Korean Academy Nursing Administration, 24(1), 40-50. https://doi.org/10.11111/jkana.2018.24.1.40   DOI
11 Park, S. S. (2019). An analysis of the sentencing of neurosurgery's medical litigation. Unpublished master's thesis, Yonsei University, Seoul.
12 Park, S. W. (2016). A principal of division of nursing work and trust. Unpublished master's thesis, Korea University, Seoul.
13 Shim, B. H. (2018). Limitation of a nurse's legal responsibility and improvement plans of the legal system. Unpublished master's thesis, Korea University, Seoul.
14 Shin, G. M. (2010). An analysis of types of nursing malpractice and legal responsibilities. Hanyang Law, 15(2), 235-262.
15 So, H. Y. (2014). A nurse's legal responsibility in judicial precedents of medical litigation. Unpublished master's thesis, Korea University, Seoul.
16 Jo, D. B. (2015). A study of identifying the current status of obstetrics' medical malpractice by analyzing the sentencing of obstetrics' medical litigation and the main causes that affect litigation outcomes. Unpublished master's thesis, Yonsei University, Seoul.
17 Youn, G. H. (2016). An analysis study of judicial precedents of elderly care accidents in Korean elderly care facilities. Social Welfare Policy, 43(3), 85-112.   DOI
18 Beom, G. C. (2014). A study of a nurse's legal responsibility. Medical Jurisprudence, 15(2), 285-316.
19 Court of Korea. (2020). Judicial yearbook. retrieved December 1, 2020, from: https://www.scourt.go.kr/portal/news/NewsViewAction.work?pageIndex=1&searchWord=&searchOption=&seqnum=6&gubun=719
20 Han, H. H. (2008). A study of nurses' educational requests compared to medical disputs. Unpublished master's thesis. Yonsei University, Seoul.
21 Kim, G. G. (2012). The effect of education of preventing nursing malpractice on patient safety using judicial precedents on nurses' safety perception, sense of safety control, autonomy, and acceptability of responsibility. Korean Academy of Nursing Administration, 18(1), 67-75.   DOI