• 의료법학
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• 제11권2호
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• pp.181-208
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• 2010

Maternity services is often perceived as a troublesome business and obstetric litigation is on the increase in Western countries. Overall, the number of claim and cost of litigation to the NHS Litigation Authority (NHSLA) from maternity services in the UK is increasing every year. Maternity services account for 60-70% of the total sum paid. This has widespread implications for both the individual practitioners and the institutions where they work, due to increasing malpractice insurance premiums. Fear of litigation is also attracting fewer medical graduates into the specialty, leading to a recruitment crisis in obstetrics and gynaecology. The litigation process can cause pain, suffering and distress to clinicians as well as to the patients and their families. Litigation in maternity services is the result of a complex of events when malpractice (presumed or real) impacts on the attitude of pregnant women and their environment. In such complexity, information is mandatory but may often be misinterpreted. If messages are not tailored to the receiver's capacity, communicating well with the pregnant patient becomes crucial. Therefore, to reduce medicallegal issues in obstetrics, increasing attention and an applicable standard of obstetric care to avoid negligence and medical errors should go along with other measures. Considering UK's experiences, NHS redress scheme make it easier to pursue small claims and birth related claims, without necessarily reducing the number of claims processed through the conventional legal system and perhaps encouraging even more of them. The task of dealing with the greater number of inquiries into their practice would inevitably create an added burden for clinicians and hospital managers. Thus further proposals are required to limit the cost of processing inflated claims and to consider whether clinicians should be given some protection from litigation alleging a failure to prevent birth related impairment.

• 한국임상약학회지
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• 제32권2호
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• pp.125-132
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• 2022

Background: Fixed-dose combinations have the advantage of improving patient compliance, but may increase the risk of duplicate prescriptions. As the use of fixed-dose combination antihypertensives increases, it is necessary to investigate the current status of class duplication prescriptions (CDP) in patients taking fixed-dose combination antihypertensives in Korea and to identify factors associated with CDP. Methods: We conducted a retrospective observational study using nationally representative claim data. Hypertensive patients aged 20 years or older taking fixed-dose combination antihypertensives were extracted. Among these patients, patients with CDP were identified. A chi-square test was applied to determine the differences between patients with CDP and non-CDP. The associated factors of CDP were identified through multiple logistic regression. Results: Of the 74,165 patients who were prescribed fixed-dose combination antihypertensives, 426 patients (0.6%) with CDP were identified. The most common antihypertensive class associated with CDP was calcium channel blockers (194 patients, 45.5%), followed by angiotensin II receptor blockers (136 patients, 31.9%). Patients aged 75 years or older (odds ratio [OR] 1.83, 95% confidence interval [CI] 1.02-3.52), chronic kidney disease (OR 4.45, 95% CI 2.15-8.25), chronic heart failure (OR 2.71, 95% CI 1.93-3.72), coronary artery disease (OR 2.22, 95% CI 1.60-3.03) and Medical Aid/Patriots and Veterans Insurance (OR 1.49, 95% CI 1.04-2.07) were significantly associated with increased CDP. Conclusions: The factors associated with CDP were the elderly, comorbidities, and low socioeconomic status. Since CDP can result in negative clinical outcomes, active intervention by the pharmacist is warranted.

• 의료법학
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• 제15권1호
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• pp.263-302
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• 2014

The court handed down meaningful rulings related to medical sectors in 2013. This paper presents the ruling that the care workers could be the performance assistants of the care-giving service although the duties of care worker are not included in the liability stipulated in the medical contract signed with the hospital for reason of clear distinction of duties between care workers and nurses within the hospital in connection with the contract which was entered into between the hospital and patients. In relation to negligence and causal relationship, the court recognized medical negligence associated with the failure to detect the brain tumor due to the negligent interpretation of MRI findings while rejecting the causal relationship with consequential cerebral hemorrhage. The court also recognized negligence based on the observation on the grounds of inadequate medical records in a case involving the hypoxic brain damage caused during the cosmetic surgery. In terms of the scope of compensation for damages, this paper presents the ruling that the compensation should be estimated based on causal relationship only in case the breach of the 'obligation of explanation' is recognized, however rejecting the reparation for de factor property damages in the form of compensation, and the ruling that the lawsuit could be instituted in case that the damages exceeded the agreed scope despite the agreement that the hospital would not be held responsible for any aftereffects of surgery from the standpoint of lawsuit, along with the ruling that recognized the daily net income by reflecting the unique circumstances faced by individual students of Korean National Police University and artists of Western painting. Many rulings were handed down with respect to medical certificate, prescription, etc., in 2013. This paper introduced the ruling which mentioned the scope of medical certificate, the ruling that related to whether the diagnosis over the phone at the issuance of prescription could constitute the direct diagnosis of patient, along with the ruling that required the medical certificate to be generated in the name of doctor who diagnosed the patients, and the ruling which proclaimed that it would constitute the breach of Medical Act if the prescription was issued to the patients who were not diagnosed. Moreover, this paper also introduced the ruling that related to whether the National Health Insurance Service could make claim to the hospitals for the reimbursement of the health insurance money paid to pharmacies based on the prescription in the event that the hospitals provided prescription of drugs to outpatients in violation of the laws and regulations.

• 항공우주정책ㆍ법학회지
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• 제26권1호
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• pp.177-213
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• 2011

현재 우주활동에 의하여 발생된 손해에 대한 배상책임과 관련된 국제조약으로 1967년 우주조약과 1972년 우주손해배상책임조약이 있으며, 또한 우리나라 국내법으로 2008년 우주손해배상법이 있다. 우주조약은 우주활동에 대한 국가의 국제적 책임과 우주물체에 의한 손해에 대한 국가의 불법행위 책임에 관하여 규정하고 있다. 우주손해책임조약은 발사국의 절대적 책임, 과실책임, 연대책임, 배상청구권자, 배상청구방법, 배상청구기한, 배상청구와 국내적 구제, 손해배상액, 청구위원회 설치 등에 관하여 규정하고 있다. 우리나라 우주손해배상법은 우주손해의 정의, 우주손해책임조약과의 관계, 발사자의 무과실책임 및 책임의 집중, 발사자의 손해배상책임한도액, 발사자의 책임보험 가입, 정부의 피해자 구조 및 발사자 지원 등에 관하여 규정하고 있다. 우주사고로 인한 손해배상책임 관련 사례들로 Iridium33과 Cosmos 2251 위성충돌 사건, Cosmos 954 위성추락 사건, Martin Marietta의 위성발사 실패 사건, Westar VI 위성 작동불량 사고 등이 있으며, 이러한 우주사건에 관한 분쟁 또는 소송에 있어서 위성의 발사국, 발사자 및 제조자의 손해배상책임 부담문제에 관련하여 절대책임(엄격책임)원칙 또는 과실책임원칙이 적용되어 해결되고 있다. 우주손해책임조약의 개선방안으로 손해배상청구권자의 명확한 규정, 청구위원회의 결정의 구속력 확보 등을 들 수 있고, 우리나라 우주손해배상법의 개선방안으로 손해배상범위에 간접손해 포함, 손해배상책임 한도액의 통화단위 변경, 공동발사자의 연대책임 및 구상권 신설, 우주손해배상심의위원회의 설치 등을 들 수 있다. 우리나라는 2009년 6월 전남 고흥군 외나로도에 우주센터가 준공되어 동년 8월 및 2010년 6월 우리나라 최초 소형 우주발사체 나로호(KSLV-1)를 두차례 발사하였다. 향후 우리나라는 우주활동 과정에서 우주관련 국제조약 및 국내법상의 국제적 책임 및 우주손해에 대한 배상책임 등 문제들이 발생할 가능성이 있으므로 우리정부 및 우주물체 발사기관은 이러한 문제들에 대한 법적 제도적 대응책을 마련해야 할 것이다.