• The Korean Society of Law and Medicine
• /
• v.17 no.2
• /
• pp.29-56
• /
• 2016

$F{\ddot{u}}r$ den Schadensersatzhaftung des Arztes, sog. die Arzthaftung, ist es vornehmlich vorauszusetzen: die $Sch{\ddot{a}}digungsbehandlung$ des Arztes, die Rechtswidrigkeit und das Verschulden. Zur Problematik der $Fahrl{\ddot{a}}ssigkeit$ in der Stufe des Verschuldens handelt sich es in dieser Beitrag um die Kritisierung der Rechtsprechung. $F{\ddot{u}}r$ die Entscheidung des Verschulden im medizinischen Fehler kommt es darauf an, ob die Sorgfaltspflicht des Arztes verletzt wird. $Daf{\ddot{u}}r$ wird der medizinische Standard rekurriert, den die Rechtsprechung nicht aus materieller, sondern aus normativer Sicht begreift. Erstaunlich $un{\ddot{u}}bereinstimmend$ mit deren Leitsatz wird der medizinische Standard als $Ma{\ss}stab$ der Sorgfaltspflicht materiell - zutreffend nur im Ergebnis - behandelt. Die Sorgfaltspflicht in der Medizin bedeutet nicht die natur-wissenschaftliche Erkenntnisse, sondern eine "Best-$M{\ddot{u}}ssen$" Pflicht. Demnach ist der Standpunkt der Rechtsprechung, wonach den med. Standard normativ bewertet und die Sorgfaltspflicht darduch wieder normativ entscheidet, nicht anders als eine $w{\ddot{o}}rtliche$ Wiederholung. Die Arzthaftung in der Rechtsprechung ist aufgrund mit der Verneinung von der Sorgfaltspflichtverletzung nicht angenommen, welche in der Tat jedoch aus verschiedenen $Gr{\ddot{u}}nden$, wie die Rechtswidrigkeit, die $Fahrl{\ddot{a}}ssigkeit$ oder $Kausalit{\ddot{a}}t$, nicht angenommen. Der $Fahrl{\ddot{a}}ssigkeitsbeweis$ in der Rechtsprechung entwickelt sich mit dem Beweis nach objektivem $Ma{\ss}stab$, der Vermutung nach Anschein-Beweis und der $Beschr{\ddot{a}}nkung$ mit der Wahrscheinlichkeit. Bei Letzterem $geh{\ddot{o}}rt$ es $schlie{\ss}lich$ zum medizinischen Bereich. Ein Eintritt in den fachliche Bereich im Rahmen der Beweislast stellt der Beweiserleichterung $gegen{\ddot{u}}ber$. Aus diesem Hintergrund ist ${\S}630$ h Abs. 5 BGB bemerkenswert, wonach das Vorliegen eines groben Behandlungsfehler $regelm{\ddot{a}}{\ss}ig$ zur Vermutung von der $Kausalit{\ddot{a}}tszusammenhang$ $f{\ddot{u}}hrt$. Dieser Paragraph ist inhaltlich als Beweislastumkehr angesehen. Damit ist es von Nutzen im Fall des groben Fehler, der beim - elementaren - kunstgerechten Verhalten nicht entstanden $h{\ddot{a}}tte$, wie $Hygienem{\ddot{a}}ngel$, ${\ddot{U}}berdosierung$ des Narkotikum.

• KDI Journal of Economic Policy
• /
• v.36 no.4
• /
• pp.103-133
• /
• 2014

We consider the economic value of emergency medical facilities. An emergency medical facility affects the medical environments in a community, and thus the social demand on the facility increases as the demand of qualified public health service increases. Regarding the increased demand and the limited resources of fiscal budget, it is important to scientifically evaluate the social benefit of the public investment on emergency medical facilities, as the results of evaluation can help make better budgetary decision on each public investment project of emergency medical facilities. In this paper, we try to estimate the economic value of emergency medical facilities based upon the estimated changes in preventable death rate by the facility and the statistical value of life. We hope the results contribute to improve the budgetary decision making on the emergency medical facility projects, thus the public health policies.

• 한국방재학회:학술대회논문집
• /
• 2011.02a
• /
• pp.112-112
• /
• 2011

오늘날 우리 사회의 생활과 문화의 질이 향상됨에 따라 공공 및 개인의 안전과 건강에 대한 관심이 증대되고 있다. 특히, 재난과 비상사태는 생명에 대한 희생뿐만 아니라 훨씬 더 심각한 경제적인 결과를 초래한다. 이러한 응급사태에 개비하여 적절히 준비되지 않았거나 재난의 예방 및 완화시킬 방법을 가지고 있지 못한다면 도시의 발전적인 프로젝트는 예고 없이 도시를 강타하는 재난 및 비상사태에 의해 무산되고 만다. 이러한 여건 하에 재난과 응급사고를 효율적으로 대처하는 응급처치와 서비스에 대한 급격한 관심과 함께 일정한 결정적 대응시간 내에 각종사고와 재해로부터 방어할 수 있는 공공서비스에 대한 필요성이 크게 증가되었다. 본 연구에서는 신고, 응급구조, 환자이송 등 도시의 병원 전 단계 의료환경에 대해서 조사하였다. 본 연구의 목적은 반응시간과 출동거리를 분석함으로써, 응급사고에 즉시 응급구조서비스를 제공하기 위해 안전센터(119센터)의 최적 입지를 확인하는 것이다. 이를 위해서 사고발생, 반응시간, 출동거리 등을 응급의료 활동과 관련된 연구논문, 대상지 전역의 소방기록물과 출동일지 등의 통계자료를 활용하여 신속한 응급의료 서비스를 위한 패턴을 분석 하였다. 또한 응급구조대의 조직과 활동의 분석을 통해 응급의료시설의 최적 입지설정을 위한 제도적 개선대안을 마련해 보았다. 대상지 연구를 위해, 구조활동 및 소방서비스의 최근 통계자료의 조사를 통해 진주시의 모든 119센터의 입지와 응급의료서비스 및 사고발생 현황을 나타내었다. 자료 분석을 위해서 SPSS14.0을 사용하였으며, 지역의 특성 분포, 안전센터별 대응시간, 이송시간 등을 소방 GPS시스템과 입지할당모형 중 Center Point Model(CPM)을 적용하였다. 결과적으로 본 연구를 통해 대상지역의 119안전센터의 서비스 질이 나쁜 지역을 지리학적인 관점에서 최적 입지/배분 패턴의 설정을 통해 확인할 수 있었으며, 이를 통해 미래 응급의료서비스의 효율적인 입지/배분을 통해 공공 및 개인의 안전과 건강에 기여할 수 있을 것으로 기대된다.

• Journal of Hospice and Palliative Care
• /
• v.21 no.4
• /
• pp.115-123
• /
• 2018

Purpose: The purpose of this study was to identify how nursing students' awareness of biomedical ethics and ethical values affect their attitudes towards a do-not-resuscitate (DNR) order. Methods: This cross-sectional correlation study was conducted with 275 nursing students enrolled at two universities in North Chungcheong Province and North Gyeongsang Province of South Korea. Data were collected in April 2017 using a self-reported questionnaire. Data were analyzed using descriptive statistics, t-test, ANOVA, Pearson correlation coefficient and stepwise multiple regression with the SPSS/WIN 23.0 program. Results: The students' attitudes towards DNR were positively correlated with attitudes that seek ethical values but negatively correlated with their biomedical ethics awareness. The explained variance for attitudes towards DNR was 20%, which was significant (F=13.01, P<0.001). Conclusion: These findings suggest that nursing students' biomedical ethics awareness and ethical values were associated with their attitudes towards DNR. Curriculum organization and various educational programs should be developed and applied to help nursing students develop ethical values and awareness of biomedical ethics.

• The Korean Society of Law and Medicine
• /
• v.9 no.1
• /
• pp.57-127
• /
• 2008

In medical malpractice lawsuits, negligence is generally defined as conduct that is culpable because it falls short of what a reasonable person would do to protect another individual from a foreseeable risks of harm. Thus, the essence of negligence is a breach of obligations to be attentive, and the breach of obligations to be is negligence. However, whether negligence is or not depends on time, place, litigation forms and the judge since the meaning of negligence is wavering on the basis of abstract and normative judgment. In this thesis, what is medical negligence, a breach of obligations of attention for a doctor in medical malpractice lawsuits, would be it further enacted that doctors have the responsibility to protect the patients as a subordinate duty due to a principle of faith and sincerity besides the main duty for medical contract-performance since the suit is a litigation form to be based on responsibilities of experts, especially doctors, though having factors that are non-contractual as a trait for medical treatment. Further on the concept, when the plaintiff asserts and proves a specific fact from the recent moderation of the burden of proof about medical malpractices, whether the court should find a true bill in medical malpractice actually or not has been discussed.

• Journal of The Korea Institute of Healthcare Architecture
• /
• v.25 no.1
• /
• pp.51-60
• /
• 2019

Purpose: This study aims to analyze design guidelines for hospice facilities in the US, UK, and Canada focused on design considerations and space requirements, and utilizes them as baseline data for establishing standards for Korean hospice facilities. Methods: Comparative review was carried out to investigate hospice care models, design consideration, and room sizes and requirements for design guideline of hospice facilities in United States, UK and Canada identified on electronic database and review articles, and to examine major characteristics and tendencies of hospice facilities. Results: The hospice care models characteristics in design guidelines is generally largely divided into hospital-based hospice facility, Nursing home-based hospice facility, and daycare hospice. The design considerations in hospice facilities focused on medical efficiency, flexibility, barrier-free environment, person-centered care, and stability. There is also a need for single resident room, rooms for the patient's family, and isolation room for infection control. Implications: it is recommended to establish standards for the installation and operation of required and recommended rooms and considerations when establishing the standards of hospice facilities in Korea. This Study is limited to a simple comparative analysis of the framework of guideline.

• Journal of Hospice and Palliative Care
• /
• v.8 no.2
• /
• pp.200-208
• /
• 2005

Purpose: Palliative procedures or surgical interventions not only manage various symptoms of malignant gastrointestinal obstruction, but also improve the quality of life. We investigated the clinical characteristics and prognostic factors of terminal cancer patients with palliative procedures for malignant gastrointestinal obstruction. Methods: We retrospectively reviewed the medical records of 48 terminal cancer patients with palliative procedures for malignant gastrointestinal obstruction at Sam Anyang hospital from May in 2002 to May in 2005. We excluded patients with palliative tumor resection. We analyzed prognostic factors in symtom-free survival and overall survival using Kaplan-Meier method, univariate and multivariate analysis. Results: There were 25 males (52%) and 23 females (48%), and median age of 48 patients was 65 years. The most common cause of malignant gastrointestinal obstruction was colorectal (26 patients, 55%), followed by stomach (10, 21%). Twenty patients (42%) received previous treatment (chemotherapy, surgery, and radiotherapy) and 28 (58%) never received any. Eighteen of 20 had received chemotherapy. The most common symptom was pain (15 patients, 31%). Twenty three patients (48%) had Eastern Cooperative Oncology Group(ECOG) performance status of 1 or 2 score and 25 patients (52%) 3 or 4 score. The most common palliative procedure was colostomy and there was no mortality concerning the palliative procedures. By univariate and multivariate analysis, performance status was the only independent prognostic factor in overall survival and symptom-free survival. Overall survival was 150 days and symptom-free survival was 90 days. Conclusion:. We confirmed that perftatdormance status is significant independent prognostic factor in terminal cancer patients with palliative procedures for malignant gastrointestinal obstruction.

• Journal of Hospice and Palliative Care
• /
• v.21 no.1
• /
• pp.14-22
• /
• 2018

Purpose: This study examined the effects of a hospice palliative education program for adults on their perception of hospice, attitude towards death, and meaning of life. Methods: This study was a quasi-experimental study with a non-equivalent control group design. Among 43 participants, 22 were assigned to the non-equivalent experimental group and 21 to the control group. The hospice palliative education program comprised 10 three-hour sessions, each given once a week. Data were analyzed by descriptive statistics, t-test and ${\chi}^2-test$ using SPSS version 20.0. Results: Significant differences between the experimental and control groups were observed in their perception of hospice (t=6.63, P<0.001), attitude towards death (t=2.36, P=0.023), and meaning of life (t=5.06, P<0.001). Conclusion: The results indicate that this education program could positively affect the perception of hospice, attitude toward death, and meaning of life in adults. More studies are warranted to explore the effects of this education program for various age groups so that it may help more people get positive understanding of hospice palliative care. The results suggest this program could help improve the negative perception of hospice, negative attitude towards death and meaning of life that are generally held by the public.

• Journal of Distribution Research
• /
• v.15 no.5
• /
• pp.237-255
• /
• 2010

The Korean Pharmacist Law has limited the sales of medicine to pharmacies. This has caused difficulty in purchasing medicine late at night or on holidays, which has limited the range of customers' selections and accelerated customers' discomfort, accordingly. Also, the rapid progress of aging has quickly boosted medical expenses for seniors, and has served as a factor that aggravates the budget of national medical insurance. Meanwhile, advanced countries, including the USA and Japan, have allowed the sales of general medicine, of which the safety and efficacy have been tested, in general retail stores such as convenience stores or super markets from the perspective of supporting self-medication. In particular, Japan, which has a strong tendency of pursuing safety in the world, diversified sales channels for general medicine in order to control quickly rising medical expenses. As a result, Japan has achieved the effect of easing various regulations as follows in the economic and social fields. First, the increasing distribution channels of general medicine from pharmacies to general retail stores provoked a potential demand, which also expanded related markets. Second, the competition between sales channels resulted in the reduction of the price of medicine. Third, the growing sales channels of medicine have extended the options of consumers and, subsequently, the convenience in the use of consumers has increased. Fourth, the creation of a competitive environment owing to the diversification of sales channels has accelerated an effort to enhance corporate competitiveness. Fifth, the foundation of enhancing the financial soundness of medical expenses has been prepared through the formation of a self-medication environment. In 2000, the Korean population aged 65 or over exceeded 7%, and it is anticipated to be over 14% by 2018; thus, the increase of national medical expenses will be sped up. As a way of being prepared for the era of aging, we, just as other advanced countries, need to create a self-treatment environment by diversifying the sellers of general medicine, and, thus, reduce spending on personal medical expenses, enhance the financial soundness of national medical insurance, and, further, promote the welfare of consumers.

• The Journal of the Korea Contents Association
• /
• v.18 no.6
• /
• pp.257-266
• /
• 2018

This study was carried out to examine comparison of relating influencing factors on medical service satisfaction between general dental patients and orthodontic patients and to improve quality of the medical services by the treatment type of the visit. The data were collected from 421 patients who visited dental clinics and hospitals in Daegu and Gyeongbuk region, using self-administered questionnaire for the period from Sep 1 to Sep 30, 2015. The multiple regression showed that the medical staff and medical fee were common statistically significant independent variables to influence service satisfaction in both groups, however, fear in the treatment was added to statistically significant variables in only the orthodontic patients. Therefore, based on the provision of high - quality medical services and adequate medical care for patients' satisfaction, comprehensive plans including tailor-made counseling management and reducing the fear of dental treatment for general dental patients should be needed.