• 제목/요약/키워드: Korean medical disputes

검색결과 101건 처리시간 0.021초

의료관광 분쟁에 관한 연구 : 외국인환자 유치업체를 중심으로 (A Study on the Strategy for Medical Disputes of Foreign Patients, With Focus on Foreign's Agency)

  • 유상희;김기홍
    • 한국중재학회지:중재연구
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    • 제26권4호
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    • pp.111-128
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    • 2016
  • Trade between nations has been considered as exchange for material things. According to recent changes in the paradigm of global trade, trade is shifting focus on the exchange of an immaterial being. Among them, the service sector is growing fast and the health service has shown exceptional growth as the healthcare market is consistently expanding. It is also part of the global service targeting people all around the world. People visiting other countries for medical service tend to spend more money and stay longer than a traveler. For these reasons, global medical service is in the spotlight as a promising and higher value-added business. The global medical service industry has been developed around Asia, specifically Thailand, Singapore, India, etc. Compared to them, Korea has come late into the market of global healthcare and the Korean government is striving to attract foreign patients. Nevertheless, there is a lack of effort to make foreign patients visiting Korea revisit Korea. Regarding foreign patients' medical disputes, these are not yet a problem officially; however, the government cannot leave the matter as it is. Medical dispute related with foreign patients is a highly complex issue due to different languages, nationalities, cultures, etc. Particularly, Korea's medical tourism is developed with Chinese visiting Korea for plastic surgery and cosmetic procedure. Thus, the Korean medical tourism market can be crowded with a lot of minor medical agencies, so-called brokers, getting foreign patients connected to the medical institutions. Consequently, Korea has received a large number of complaints and dissatisfaction. No one can predict and know what's supposed to happen in the future. Efforts of the Korean government and medical institute attracting foreign patients could be in vain. In order to take a step forward, this paper will do research on present conditions and look for strategies of improving this industry, focusing on the part of medical agency and contributing to the improvement of the Korean medical tourism industry.

임상가를 위한 특집 2 - 보존학 분야에서 다분쟁사례와 해결방안 치과치료 후 발생하는 민감성증상 및 치아 통증 (The hypersensitivity and the pain of teeth after conservative treatment)

  • 김미리
    • 대한치과의사협회지
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    • 제52권2호
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    • pp.69-74
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    • 2014
  • Many patients have been suffering the continued hypersensitivity and pain of teeth after operative or endodontic treatment. The primary purpose of this paper is to examine the causes of the pain and the hypersensitivity of teeth, and to resolve conflicts between dentists and patients. The secondary aim of this paper is to prevent medical disputes. Evidence-based dentistry and making a good relationship with patients will reduce disputes on dental treatment.

민법에 기초한 보건의료관련 법령 조문의 검토와 해석 -의료법, 응급의료에 관한 법률, 의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률- (Review and Interpretation of Health Care Laws Based on Civil Law - Medical service Act, Emergency medical Act, Act on remedies for injuries from medical malpractice and mediation of medical disputes -)

  • 이재경
    • 의료법학
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    • 제23권3호
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    • pp.89-115
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    • 2022
  • 본 글에서는 보건의료관련 법령 중 의료법, 응급의료에 관한 법률, 의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률을 민법에 기초하여 검토하고 해석하였다. 보건의료분야는 보건의료기술의 발달에 따른 의료현장의 변화를 반영하는 여러 법률이 존재하고 그 제정이나 개정도 매우 빈번하다. 그리고 제정이나 개정의 과정에서 현장의 수요를 반영하면서 보건의료관련 법령의 양상은 매우 복잡해지고 있다. 이러한 상황에서 법을 위반하지 않으려면 상당한 주의를 기울여야만 하고, 법적용을 위해서 구체적 지침이나 유권해석을 필요로 하는 경우도 많아지고 있다. 그리고 심지어는 그 지침이나 유권해석도 민법과 모순되는 경우가 종종 발생한다. 이 글에서는 보건의료관련 법령의 조문상 오류와 해석상 민법의 사고와 모순되는 경우를 찾아내어 보건의료관련 법령의 입안과 해석, 적용에도 민법적 사고가 필요함을 확인하였다.

의료분쟁의 법적책임과 ADR제도의 효율적 운영방안 (A Study on Legal Liability and Efficient Planning for Alternative Dispute Resolution in Medical Disputes)

  • 남선모
    • 한국중재학회지:중재연구
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    • 제26권4호
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    • pp.129-149
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    • 2016
  • Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a "decision not to adjust" in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its "decision," can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user's perspective. This is the "decision" as was expressed from an order, "not adjusted." It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient's cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers' and patients' rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.

한방 의료분쟁과 한의사의 적절한 진료 가이드라인에 대한 고찰 (Medical Dispute and the Proper Guideline for Medical Practice in Korean Medicine)

  • 이해웅;김훈
    • 동의생리병리학회지
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    • 제20권6호
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    • pp.1749-1762
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    • 2006
  • Medical disputes are increasing year by year in korean medical institutions as the frequency of patient's visiting korean medical institutions goes high and the reliability relations between korean medical doctors and patients are getting worse than the past. Frequently occurring accidents in korean medical acts fall into some categories such as medical treatment of acupuncture${\cdot}$moxibustion${\cdot}$cupping, korean herbal medication, korean medical physical therapy, wrong diagnosis. Frequently occurring accidents include these cases. Infection due to improper treatment process of acupunctrue or wet-cupping ; skin-burns caused by moxibustion, infrared therapy or haet therapy ;toxic hepatitis or kidney dysfunction induced by herbal medication ; progression of disease or missing of opportunity of timely transfer because of wrong diagnosis. It will prevent medical accidents to a great extent for korean medical doctors to have scientific diagnostic techniques and lab. test results at hand in korean medical institutions.

서울시 개원치과의사의 의료사고 유형 및 대책에 관한 조사연구 (A Study on the Types of the Medical Accidents and the Counterplan of the Dentists in Seoul)

  • 김재홍;최종훈;김종열
    • Journal of Oral Medicine and Pain
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    • 제23권2호
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    • pp.157-191
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    • 1998
  • The subjects chosen for the study were 2,941 dentists who have been registered in the Seoul Dental Association in 1997. Questionnaires were delivered to the dentists, and 1,133 questionnaires of these were returned. The basic dental of repliers, medical accident experiences, and general thoughts on the dental care and medical accident had been reviewed. Many dentists had appeared to be exposed to the medical accidents and disputes, and the rate of the experience of these cases was also high. In the dental practice, the execution degree of the duties as a dentist was lower than the perception of the duties as a dentist, while the perception was good. However, in spite of carefully following the duties as a dentist, it seemed to be impossible to fundamentally prevent the medical accidents. Thus, dentists should always predict the possibilities of the medical accidents, and it is necessary to establish the impartial dental institutions and organizations through which dentists can settle the medical disputes.

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의료사고피해 구제제도의 제 모형 (Models of Social Relief Schemes for Medical Malpractice)

  • 문옥륜;이기효
    • 보건행정학회지
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    • 제2권1호
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    • pp.80-114
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    • 1992
  • Current compensation schemes for medical malpractice based on negligence is absolutely malfunctioning in Korea. Focussing on the reform of present tort systems for resolving medical malpractice disputes, this paper discusses the alternative models of the Social Relief Schemes for Medical Malpractice (SRSMM). Alternative models of SRSMM should fundamentally be based on either negligence or nofalult compensation principle. On the foundation of the previous relief principle, the SRSMM should be equupped with three major components-the preventio/reduction of the sharp increasing medical malpractice, the effective and efficient resolving process for malpractice disputes and the proper social financing scheme for compensation. The paper deals with pros and cons of the possible alternative models for reform centering on the three major components of the scheme. As conclusions, administrative arbitration machinaries and a compulsory fund for compensating the injured under the negligence principle are proposed to resolve the current problems Korea has faced.

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한국중재의 영역확대 방안에 관한연구 (A Study on the Expansion of Arbitration's Area of Coverage in Korea)

  • 김석철
    • 한국중재학회지:중재연구
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    • 제20권3호
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    • pp.47-69
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    • 2010
  • From the review of Korean arbitration systems with the comparison of those of other countries, we can summarize some issues to be tackled as follows: First, Korean arbitration system started with the purpose of export promotion. This may be the main reason that various domestic disputes have not been resolved by arbitration. Second, the Korean Arbitration Law applies to private disputes. The Law's arbitration scope is wider than that of China and France, but narrower than that of the U.S.A. that encompasses a variety of disputes in the filed of consumer, labor, medical services, patents, etc. Third, active judges or public officials in Korea can not be arbitrator and there is no arbitration court. However, if chief judge allows the necessity, court's judges in the UK can be arbitrator with the mutual agreement of the parties and also arbitration system is operated in the court. Fourth, the Korean Commercial Arbitration Board(KCAB), the only representative institution for arbitration in Korea, is under the Ministry of Knowledge Economy(MKE). This makes it difficult for the KCAB to handle other disputes related to the Ministry of Health and Welfare, the Ministry of Strategy and Finance, the Ministry for Food, Agriculture, Forestry and Fisheries, the Ministry of Employment and Labor, etc. Fifth, as mentioned, the KCAB is the unique institution for arbitration by the Law in Korea, while other countries allow have a diversity of arbitration agencies such as maritime arbitration organization, consumer arbitration institution, arbitration court, etc. Therefore, we suggest some ideas to expand the arbitration's area of coverage in Korea as follows: First, there should be more active policies that promote various domestic disputes to be settled by the arbitration system. Second, it is quite needed to expand the scope of arbitration to cover many disputes in the fields of consumer, labor, medical service, advertising, fair trade, etc. Third, there should be discussions to allow court judges as arbitrator and to introduce the arbitration court. Fourth, the KCAB should strengthen its status and roles as general arbitration organization to overcome the limited scope of commercial disputes. For this, there should be the strong support and coordination among the MKE and other government agencies. Fifth, to reduce the burden of the court's complicated and expensive procedures, more efficient disputes resolution systems should be established on the basis of the parties' free will. Each central government agency should streamline the legal barriers to allow industrial organizations under its control to establish their own or joint arbitration system with the KCAB.

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분만관련 불가항력적 의료사고 보상제도에 있어 분담금부과에 관한 연구 -헌법재판소 2018. 4. 26. 선고 2015헌가13 사건을 중심으로- (A Study on Imposing Contribution in the Compensation for Uncontrollable Medical Malpractice during Delivery)

  • 범경철
    • 의료법학
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    • 제19권2호
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    • pp.139-171
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    • 2018
  • 「의료사고 피해구제 및 의료분쟁 조정 등에 관한 법률」(이하 '의료분쟁조정법'이라 한다)에서는 보건의료인이 충분한 주의의무를 다하였음에도 불구하고 분만 중 불가항력적으로 발생한 의료사고에 대하여 국가가 예산의 범위 안에서 그 피해자에게 보상하도록 하고 있다(의료분쟁조정법 제46조). 지금까지 의료사고 피해자가 소송을 통해서만 피해회복을 기대할 수 있었던 것에 비한다면 획기적인 법률이라 할 수 있다. 그런데, 이러한 의료사고보상사업에 드는 비용의 100분의 30은 보건의료기관개설자 중 분만 실적이 있는 자가 부담하고 있는 바(의료분쟁조정법 시행령 제21조), 이 분담금 부과 조항이 분만 과정에서의 산모·신생아 사망 등의 사고가 의사의 과실이 없이 불가항력적으로 발생했음에도, 의사들에게 책임을 묻는 것은 아닌지 문제가 되어 왔다. 그러나 최근 헌법재판소에서 분담금 부과와 관련한 의료분쟁조정법법 제46조 제3항 중 '보건의료기관개설자의 범위' 및 '보상재원의 분담비율' 부분에 대하여 합헌 결정을 내린 바 있다(헌법재판소 2018. 4. 26. 선고 2015헌가13 결정, 이하 '이 사건 결정'이라 한다). 이 사건 결정에서는 법률유보원칙 및 포괄위임입법금지원칙에 의하여만 판단하였으나, 본고에서는 실질적인 판단도 가미하였다. 이 사건 분담금운 과잉금지원칙에 비추어 보더라도 보건의료기관개설자들의 재산권을 침해하지 않는 점을 논증하였다. 불가항력 의료보상제도의 분담금 부과가 민사책임의 중요 원칙인 과실책임원칙에 거스르는 측면이 존재한다. 그러나 의료사고보상사업은 의료사고 피해자를 위한 국가정책으로 합리성이 있으며, 동시에 의료분쟁의 조기종결 효과로 의료계 역시 이익을 얻는 측면이 분명 존재한다. 분담금의 납부를 통한 보상재원의 확충은 이러한 의료사고보상제도를 빠르게 정착시킴으로서 분만과정에서 발생한 의료사고 피해자의 고통과 오해를 경감시키고 의료인의 안정적 진료환경 구축에 큰 도움이 될 것이다.

Medical disputes related to advanced endoscopic procedures with endoscopic retrograde cholangiopancreatography or endoscopic ultrasonography for the management of pancreas and biliary tract diseases

  • Yoon Suk Lee;Jae-Young Jang;Jun Yong Bae;Eun Hye Oh;Yehyun Park;Yong Hwan Kwon;Jeong Eun Shin;Jun Kyu Lee;Tae Hee Lee;Chang Nyol Paik
    • Clinical Endoscopy
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    • 제56권4호
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    • pp.499-509
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    • 2023
  • Background/Aims: This study aimed to evaluate the characteristics of endoscopic retrograde cholangiopancreatography (ERCP) or endoscopic ultrasonography (EUS)-related adverse events (AEs) that eventually lead to medical disputes or claims on medical professional liability. Methods: Medical disputes for ERCP/EUS-related AEs filed in the Korea Medical Dispute Mediation and Arbitration Agency between April 2012 and August 2020 were evaluated using corresponding medical records. AEs were categorized into three sections: procedure-related, sedation-related, and safety-related AEs. Results: Among a total of 34 cases, procedure-related AEs were 26 (76.5%; 12 duodenal perforations, 7 post-ERCP pancreatitis, 5 bleedings, 2 perforations combined with post-ERCP pancreatitis); sedation-related AEs were 5 (14.7%; 4 cardiac arrests, 1 desaturation), and safety-related AEs were 3 (8.8%; 1 follow-up loss for stent removal, 1 asphyxia, 1 fall). Regarding clinical outcomes, 20 (58.8%) were fatal and eventually succumbed to AEs. For the types of medical institutions, 21 cases (61.8%) occurred at tertiary or academic hospitals, and 13 (38.2%) occurred at community hospitals. Conclusions: The ERCP/EUS-related AEs filed in Korea Medical Dispute Mediation and Arbitration Agency showed distinct features: duodenal perforation was the most frequent AE, and clinical outcomes were fatal, resulting in at least more than permanent physical impairment.