• 의료법학
• /
• 제9권1호
• /
• pp.285-317
• /
• 2008

To accept the doctor's professional negligence in the medical malpractice, the mistakes, by which the doctor did not foresee the production of the results in spite of the possibility of foresight and did not avoid the production of the results in spite of the possibility of avoidance, must be considered, and to decide the presence of the doctor's professional negligence, the standard must be the attention standard of general-common doctor engaged in the same business and the same function, and the medical enviornments, the conditions, the extraordinary nature of medical behavior, and etc should be considered by the general level of medical science at the time of accident. This principlel must be applied to the medical malpractice case occurred being on duty without exception. But, because of the extraordinary nature of duty work, it is difficult for any doctor to do one's best technical practice by making all diagnosis, medical treatment with all the equipment on the same plane as the ordinary times. That cannot be also expected for any doctor to do one's best technical practice in the terms of a social idea. From this point of view looking into The Precedent case related to Medical-service person being on duty sentenced by The Supreme Court, unlike the general medical malpractice case, the presence of the professional negligence in the medical malpractice occurred being on duty seems to be decided with more consideration on the general level of medical science, the medical enviornments and the conditions, particularities of medical practice at the time of accident. Especially, the extraordinary nature of medical behavior of the medical service person being on duty in the emergency room seems to be admitted compared to that of the medical service person being on duty in ward.

• 한방재활의학과학회지
• /
• 제25권3호
• /
• pp.65-79
• /
• 2015

Objectives The aim of this study is to identify the satisfaction of Korean medicine treatment by traffic accident. Methods This study was carried out 103 cases of traffic accident patients which had been treatment in Dongshin university Korean medicine hospital and Chung-Yeon Korean medicine hospital from June, 2014 to September, 2014. The survey used by preceding articles was accepted for assessment of the satisfaction degree of patients in this study. All data were coded by SPSS v18.0 and analyzed by descriptive maneuver, x2-test, T-test and correlation. Results According to the survey, 93.2% of patients included this study were hospitalized in the Korean medical hospital within 2 weeks from TA and 90.3% were satisfied with the current medical service. The answer that Korean medicine is superior to western medicine for TA treatment was the main reason for selecting Korean medical hospital. 46.6% of patients satisfied Acupuncture treatment and 29.1% of patients satisfied Korean physical treatment. There were no differences in the satisfaction degree with sex, age, education and occupation. The satisfaction degree of the current Korean medical service was significantly correlated with doctor's service, use the procedure and reuse intention. Conclusions We could see that the satisfaction of Korean medicine treatment is relatively high. The continuous and repetitive research is needed in order to improve the quality of Korean medicine hospital service and the satisfaction of patients by traffic accident.

• 의료법학
• /
• 제14권1호
• /
• pp.117-144
• /
• 2013

After several bills for the reasonable medical dispute resolution had been proposed for over twenty years, "Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation" was eventually enacted on April 7, 2011 and came into effect from April 8, 2012. This study evaluates the achievements and results of the past year, suggesting the future improvements or tasks. The main issue of Act on Medical Dispute Mediation is Korea Medical Dispute Mediation and Arbitration Agency. Therefore, the success of the Act depends on the outcomes of Korea Medical Dispute Mediation and Arbitration Agency. Although the Act has been enforced for only one year, this paper examines the outcomes of the Agency with limited materials for its development. Korea Medical Dispute Mediation and Arbitration Agency was established for rapid, fair, and effective medical dispute resolution. Thus, the evaluation of the performances of the Agency is based on the 1) rapidness, 2) fairness, and 3) effectiveness of the dispute resolution. To sum up, the system earned positive evaluations as for the rapidness and fairness, but some problems were indicated with regard to the effectiveness. As the system of medical dispute mediation and arbitration in Korea has no parallel in the world, other countries show many interests in it. The rapid and fair medical dispute resolution is of benefit in both patients and medical institutes and decreases social costs. As the Act had a difficult passage through Parliament, it should be maintained and improved continuously.

• 의료법학
• /
• 제15권2호
• /
• pp.227-251
• /
• 2014

In current law, the premium medical treatment system gives patients the right of choice between normal medical treatment service and premium medical treatment service. Only the doctors having a career more than a certain period of time fixed in the law are eligible for providing the premium medical treatment service. So, the premium medical treatment system is highly related to the patients' right to know and the right of self-determination. The system is also relevant to the so-called 'economic explanation' notion because patients should pay additional fee when they want to use this system. Meanwhile, the situation as follows is problematic as to this system. Although a patient applied for using the premium medical treatment system and the patient also chose his or her own doctor specifically, another doctor who was not selected as premium doctor could make a medical accident. Then, is the another doctor liable for damages because the accident was a medical malpractice or a breach of medical contract? In this study, we are going to examine the problems related with the premium medical treatment system. First, we examine the current law related to the system. Second, we look into the economic explanation duty and its application to the premium medical treatment system. Finally, we examine a real judgment case about a medical practice against the premium medical treatment system and we propose our solution to this case.

• 의료법학
• /
• 제15권2호
• /
• pp.91-122
• /
• 2014

For a variety of reasons, the number of medical disputes is continuously rising. Due to the intrinsic qualities of medical treatments, one would find it more apt to subject medical disputes to general conflict resolution procedures rather than to once-for-all decisions under legal suits. To address the increasing medical disputes with greater professionalism and efficiency, the Medical Disputes Mediation Act was enacted and a medical dispute mediation system put in place, while drawbacks have been blamed to both. The current mediation procedures require the respondent's agreement as a disclosure requirement. A reasonable improvement to this would be to amend the regulation of agreement supposition, or to enforce procedural participation only to public health facilities managed by the national or regional government. Furthermore, small claims cases of 20 million KRW or less in claim may be considered for conciliation-prepositive principle. The concentration on small claim medical disputes is a phenomenon that can be addressed by carrying out maximum authentication commissions or similar measures, one of the solutions by enhancing the public trust in the Korea Medical Dispute Mediation and Arbitration Agency. The proper management of medical authentication teams is one way to address the existing problems in the authentication system. For this, the number of team members shall be increased under more flexible authentication procedures. All indemnity resources for medical accidents of force majeure must be borne by the Government, for it is the body principally responsible for social compensation. Placing this cost on the establisher of the subject medical facility holds the possibility of violating fundamental rights. While the costs for subrogation payment system for damages may be borne by the healthcare facility establisher, a deposit-based system must be created for cases in which the facility shuts down, without holding the responsibility for accident cause. Such change to a deposit-based system will evade the controversies of unconstitutionality, etc.

• 한방재활의학과학회지
• /
• 제18권3호
• /
• pp.99-118
• /
• 2008

Objectives : This study aimed to understand the satisfaction degree of patients due to traffic accident(TA) in order to provide basic data which would give help not only to improve the quality of services, but also to strengthen the competitiveness of oriental medical hospitals on sequela of TA patients. Methods : The data were collected from inpatients and outpatients who answered a self-report questionnaire. Independent t-test, analysis of variance(ANOVA), $X^2$-test, correlation analysis were used for data analysis. Results : According to the research on medical satisfaction degree, the overall satisfaction degree was 4.141. On each field, satisfaction degree related to the doctor service recorded the highest degree among others(4.474). Satisfaction degree related to the appropriateness of service was the second(4.091). On the other hand, satisfaction degree of using procedure was the lowest degree(3.857). On the difference of degrees of satisfaction by general characteristics, patients who were unemployed houseworker group showed lower doctor service satisfaction degree than that of other groups. However, on the difference of degrees of satisfaction related to other general characteristics, there were no significant differences(p<0.05). Conclusions : The service distribution of oriental medical hospital was almost equal without concentrating on specified social classes.

• 대한한방부인과학회지
• /
• 제18권1호
• /
• pp.207-217
• /
• 2005

Purpose : With the development of society, traffic accident(TA) rate is increasing accordingly. And the number of women in pregnancy who are damaged by TA is increasing as more women are involved in economical and social activities. TA victim in pregnancy cannot get proper treatment(Tx) in western medicine. Oriental medicine Tx is noted as alternative in treating TA victims recently. The main purpose of this clinical study is to make a survey of effective way of the oriental gynecological Tx about TA victim in pregnancy. Methods : The patient in this case, 28-year-old, was admitted for 14days(27th/May/2004 - 9th/June/2004) to cure severe neck pain and limitaion of cervical ROM(range of motion) occured from TA on the 4th week of pregnancy. This patient was treated with the acupunture, herbal medicine and physical treatment. Result and Conclusion : The symptoms of patient in this case are remarkable alleviated. And we think that the TA victims in pregnancy can be managed effectively by oriental gynecological Tx due to consider preservation of fetus and pregnant woman. After this, further study, approach and case will be needed about oriental gynecological Tx of TA victims in pregnancy.

• 의료법학
• /
• 제10권2호
• /
• pp.287-307
• /
• 2009

A person is injured in car accident caused by his/her slight negligence except he / she causes accident by his / her willfulness or gross negligence. Because the National Health Insurance Corporation (hereinafter called "Corporation") shall not provide any insurance benefit "when he has intentionally or through gross negligence caused a criminal conduct or intentionally contributed to the occurrence of an accident" referred to in Article 48 (1) 1 of the National Health Insurance Act. So, if he / she is insured by his / her own bodily injury coverage, he / she can be compensated for his / her medical expenses. The injured have the rights to file either National Health Insurance claim and Automobile Insurance claim but there is no clear and definite adjustment clause. The claim disputes between National Health Insurance (hereinafter called "NHI") and Automobile Insurance (hereinafter called "AI") in the own bodily injury coverage makes some problems. Firstly, there are some differences in co-payments which he / she chooses between NHI and AI. Profit per a patient is higher in the NHI than in the AI. Secondly, it can provoke criticism that people shall unnecessarily pay double contributions. Lastly, it can raise moral hazards. For example, if he / she can cover the compensations when the insured receives the compensations from his / her insurer, the Corporation can be claimed by medical care institution payment of the health care benefit costs. In conclusion, first of all, to improve the national health and preserve the insured's rights the Corporation shall keep notice these facts.

• 한국응급구조학회지
• /
• 제1권1호
• /
• pp.11-19
• /
• 1997

We have reviewed 2.876 patients who visited the emergency room from May, 1996 to september, 1996 in order to look for a more appropriate management of the emergency medical system. The result were summarized as followings; 1. Considering sexual distribution, male patients were 59.6% more than female patients 40.4% and according to age categories, first decade of life was most frequent. 2. Distribution according to ca use is most common for the disease 79.8%, and next injury and traffic accident is 11.6%, 6.8%, respectively. 3. According to the department distribution, pediatrics accounted for 37.4%, internal medicine 21.1%, and emergency medicine 10.0%, and these three departments was 66.3% of total number of patients. 4. 67.0% of patients visited emergency room were discharged. Arrived time in emergency room, patients of 41.9% was visited from 17 to 1 hours. 5. Among 196 patients of traffic accident, 160 were male(81.5%) and 36 were female (18.5%). Distribution of the age is most common in 3rd and 4th decade for 63.2%, and region of injury were face 33.3%, head 22.2%, and chest 22.2% and follow-up measures after visiting emergency room is most common transfer hospital 40.8%.

• Journal of Trauma and Injury
• /
• 제32권3호
• /
• pp.172-175
• /
• 2019

Although thoracic endovascular aortic repair (TEVAR) has grown to become the standard of care to treat blunt thoracic aortic injury (BTAI), the long-term effects of TEVAR are still unclear. We here present a 72-year-old man with BTAI due to a traffic accident. He successfully underwent TEVAR and was transferred to another rehabilitation hospital 2 months after the accident. However, 1 month later, he underwent gastroscopy with fever and hematemesis and was diagnosed with aorto-esophageal fistula (AEF). After being re-transferred to Niigata University Medical and Dental Hospital, we tried to convince him to undergo surgical treatment, but he strongly refused. He received palliative care and died due to rupture of the aortic pseudoaneurysm 3 days after the hospital transfer. Fatal complications like AEF may occur after TEVAR, so clinicians need to carefully follow patients who underwent TEVAR.