• 제목/요약/키워드: Loss of treatment chance

검색결과 21건 처리시간 0.033초

치료기회상실로 인한 손해배상에 있어서 피침해법익 (Legal Interest in Damages Regarding Loss of Treatment Chance)

  • 엄복현
    • 의료법학
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    • 제20권3호
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    • pp.83-139
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    • 2019
  • 의료과오에 의한 손해배상책임의 인정은 크게 두 가지 축을 기본으로 하여 전개되어 왔다. 첫째는 의사의 과실 있는 진료행위가 있고 이로 인하여 생명·신체 등의 법익이 침해당하고, 생명·신체 침해로부터 발생한 재산적·비재산적 손해에 대한 배상이 문제되는 경우이다. 둘째는 의사의 설명의무 위반이 있고 이로 인하여 자기결정권이 침해당하고, 자기결정권 침해로부터 발생한 비재산적 손해에 대한 배상이 문제되는 경우이다. 그러나 의료과오가 있더라도 환자의 기존상태 등으로 말미암아 의사의 과실 있는 진료행위와 법익침해 사이에 인과관계 증명이 곤란하여 의사의 손해배상책임이 부정되는 경우가 있다. 예를 들어, 환자가 이미 심한 말기암에 걸려있어서 의사로부터 적절한 치료를 받았더라도 완치되었을 가능성이 매우 낮은 경우를 생각해 보자. 이 때 의사의 과실이 없더라도 환자는 사망하였을 가능성이 매우 크다는 이유로 환자에게 어떠한 손해배상도 인정하지 않는 것은 타당하지 않다. 의사의 과실 있는 진료행위로 인하여 환자에게는 최소한 정신적 고통과 같은 비재산적 손해가 발생하였기 때문이다. 위와 같은 경우에 우리 법원은 예외적으로 적절한 치료를 받을 기회를 상실했음을 이유로 하여 위자료 배상을 인정해주고 있다. 그러나 이론적 체계가 정교하지 못하여 어떤 것을 보호법익으로 삼는지 명확하게 밝히지 못하고 있다. 의사의 과실 있는 진료행위와 생명·신체라는 법익의 침해 사이에 인과관계가 부정되더라도 새로운 보호법익을 설정하여 환자에게 발생한 손해를 배상해주려는 최근의 논의가 바로 '치료기회상실의 법리'이다. 이 보호법익의 내용이 무엇인지에 관하여 치유가능성론, 기대권침해론, 연명할 상당한 정도의 가능성 침해론, 치료기회상실론 등이 주장되고 있다. 이 보호법익의 내용은 치료기회상실론에 따라 '의료수준에 비추어 적절한 치료를 받을 이익'으로 보는 것이 타당하다. 환자의 위와 같은 이익은 어느 누구로부터 침해받거나 방해받아서는 안 되는 인간의 존엄한 가치임과 동시에, 생명에 관한 근원적인 욕구이며 법적으로 보호받아야 할 가치 있는 이익이라고 할 수 있다. 이런 측면에서 '의료수준에 적절한 치료를 받을 이익'은 정신적 법익에 관한 일반적 인격권의 하나로써 구체화될 수 있다.

A NEW DESIGN FOR RANDOMIZED CLINICAL TRIALS

  • Zelen Marvin
    • 대한예방의학회:학술대회논문집
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    • 대한예방의학회 1994년도 교수 연수회(역학)
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    • pp.261-264
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    • 1994
  • This paper proposes a new method for planning randomized clinical trials. This method is especially suited to comparison of a best standard or control treatment with an experimental treatment. Patients are allocated into two groups by a random or chance mechanism. Patients In the first group receive standard treatment; those in the second group are asked if they will accept the experimental therapy; if they decline. they receive the best standard treatment. In the analyses of results. all those in the second group. regardless of treatment. are compared with those in the first group. Any loss of statistical efficiency can be overcome by Increased numbers. This experimental plan is indeed a randomized clinical trial and has the advantage' that, before providing consent, a patient will know whether an experimental treatment is to be used.

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손톱바닥 치료를 위한 부착형 실리콘 겔 시트의 유용성 (Adhesive Silicone Gel Sheet for Treatment of Nailbed Injury)

  • 김의식;황재하;김광석
    • Archives of Plastic Surgery
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    • 제33권1호
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    • pp.107-112
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    • 2006
  • If autogenous nail is lost in nail bed injuries, alternative effective nail bed protection material is questionable in postoperative follow up period. The conventional modality with autogenous nail coverage have several disadvantages such as drawback of maintenance, higher chance of loss and complex dressing step (eg. ointment apply for humidification and nail fixation using tape or bandage). So, we have studied the usefulness of adhesive silicone gel sheet for alternative nail bed protection material until the end of nail regeneration. From March 2003 to July 2004, we have experienced 215 traumatic nail bed injuries except fingertip loss. Among these patient, we classified two groups, 30 cases with autogenous nail protection(Group I) and 30 cases with adhesive silicone gel sheet protection(Group II). Mean full nail growth time was 3.6 months in group I and 3.8 months in group II. Mean final nail appearance score(0: poor, 4: excellent) was 3.0 in group I and 3.5 in group II. Adhesive silicone gel sheet protection(Group II) was slightly superior to the autogenous nail protection in final appearance, especially sterile matrix laceration. In conclusion, we believe that adhesive silicone gel sheet application is a simple, acceptable, alternative method for protecting nail bed with loss of autogenous nail. It has a number of advantages compared with autogenous nail such as better humidification, controllable hygiene, less pain, less hospitalization, less frequent visit, less chance of loss, avoiding complex dressing step and more even pressure with adhesiveness, flexibility and durability.

Multiloculated Hydrocephalus : Open Craniotomy or Endoscopy?

  • Lee, Yun Ho;Kwon, Young Sub;Yang, Kook Hee
    • Journal of Korean Neurosurgical Society
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    • 제60권3호
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    • pp.301-305
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    • 2017
  • Multiloculated hydrocephalus (MLH) is a condition in which patients have multiple, separate abnormal cerebrospinal fluid collections with no communication between them. Despite technical advancements in pediatric neurosurgery, neurological outcomes are poor in these patients and the approach to this pathology remains problematic especially given individual anatomic complexity and cerebrospinal fluid (CSF) hydrodynamics. A uniform surgical strategy has not yet been developed. Current treatment options for MLH are microsurgical fenestration of separate compartments by open craniotomy or endoscopy, shunt surgery in which multiple catheters are placed in the compartments, and combinations of these modalities. Craniotomy for fenestration allows better visualization of the compartments and membranes, and it can offer easy fenestration or excision of membranes and wide communication of cystic compartments. Hemostasis is more easily achieved. However, because of profound loss of CSF during surgery, open craniotomy is associated with an increased chance of subdural hygroma and/or hematoma collection and shunt malfunction. Endoscopy has advantages such as minimal invasiveness, avoidance of brain retraction, less blood loss, faster operation time, and shorter hospital stay. Disadvantages are also similar to those of open craniotomy. Intraoperative bleeding can usually be easily managed by irrigation or coagulation. However, handling of significant intraoperative bleeding is not as easy. Currently, endoscopic fenestration tends to be performed more often as initial treatment and open craniotomy may be useful in patients requiring repeated endoscopic procedures.

Initial Diagnosis of Functional Gastrointestinal Disorders in Children Increases a Chance for Resolution of Symptoms

  • Trivic, Ivana;Hojsak, Iva
    • Pediatric Gastroenterology, Hepatology & Nutrition
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    • 제21권4호
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    • pp.264-270
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    • 2018
  • Purpose: The aim of this study was to describe functional gastrointestinal disorders (FGID) presented in a tertiary medical center, characteristics of patients and results of the diagnostic work-up together with an outcome during the follow up. Methods: This was a retrospective, single center, observational study including all patients who were diagnosed with FGID based on Rome III criteria from January to December 2015 in tertiary medical center. Results: Overall 294 children were included (mean age, 8.9 years [range, 1-18 years]; 165 females). Majority had functional constipation (35.4%), followed by functional abdominal pain (30.6%), irritable bowel syndrome (17.0%), functional dyspepsia (12.6%), functional nausea (3.4%) and abdominal migraine (1.0%). Regression model found that only significant factor associated with improvement of symptoms is the establishment of the functional diagnosis at the first visit (hazard ratio, 2.163; 95% confidence inverval, 1.029-4.544). There was no association between improvement of symptoms and presence of alarm signs/symptoms (weight loss, nocturnal symptoms and severe vomiting) at diagnosis. Furthermore, in pain symptoms (functional abdominal pain, irritable bowel syndrome, dyspepsia) no treatment positively correlated with pain improvement. Conclusion: Regardless of the initial diagnosis of FGID, positive diagnosis at the first visit increases a chance for resolution of symptoms.

Primary angle-closure glaucoma, a rare but severe complication after blepharoplasty: Case report and review of the literature

  • Maria Kappen, Isabelle Francisca Petronella;Nguyen, Duy Thuan;Vos, Albert;van Tits, Hermanus Wilhelmus Hendricus Joseph
    • Archives of Plastic Surgery
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    • 제45권4호
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    • pp.384-387
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    • 2018
  • Blepharoplasty is one of the most commonly performed aesthetic procedures. Surgical complications are rare, but can have severe consequences, such as permanent vision loss. In this report, we describe a patient who developed primary angle-closure glaucoma (ACG) with associated vision loss after a oculoplastic procedure using local anesthesia. So far, six similar cases have been described in the literature. It is believed that acute ACG is triggered by the surgical procedure in patients with predisposing risk factors such as a cataract. Surgical triggering factors include the use of buffered lidocaine/xylocaine with adrenaline/epinephrine, stress, and coverage of the eyes postoperatively. Due to postoperative analgesic use, the clinical presentation can be mild and atypical, leading to a significant diagnostic delay. Acute ACG should therefore be excluded in each patient with postoperative complaints by assessing pupillary reactions. If a fixed mid-wide pupil is observed in an ophthalmologic examination, an immediate ophthalmology referral is warranted. Surgeons should be aware of this rare complication in order to offer treatment at an early stage and to minimize the chance of irreversible vision loss.

외상에 의해 함입된 치아의 치료증례 (THE MANAGEMENT OF TRAUMATICALLY INTRUDED TEETH : A CASE REPORT)

  • 한영희;김광철
    • 대한소아치과학회지
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    • 제21권2호
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    • pp.518-524
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    • 1994
  • A traumatically intruded tooth is one that is forcefully and abruptly dispaced from its position into the surrounding alveolar bone. Although intrusion of permanent teeth is infrequent, the sequelae compromise the longevity of the tooth and often include pulp necrosis, internal and external root resorption, rupture of periodontal ligament and loss of marginal bone. The purpose of this study was to examine three common management techniques for traumatic intrusion, observation for re-eruption, surgical repositioning & fixation and orthodontic extrusion. In the recent, the accepted treatment was to allow the permanent teeth to reerupt spontaneously for 6-8 weeks. If this did not occur, orthodontic traction was applied. The pulpal status of the teeth was monitored and either calcium hydroxide therapy or conventional endodontics was instituted following pulpal necrosis depending on the maturity of the root end. Pulpectomy and a calcium hydroxide filling were also the treatment of choice if there was evidence of internal or external root resorption. This will reduce the chance of root resorption and provide a period of monitoring prior to a definitive root canal filling.

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중심성 장액 맥락망막증의 성상신경절 차단요법 1예 (Stellate Ganglion Block for Treatment of Central Serous Chorioretinopathy)

  • 김창성;박종민;서재현;김성년
    • The Korean Journal of Pain
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    • 제8권2호
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    • pp.324-327
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    • 1995
  • Central serous chorioretinopathy is a relatively benign condition of young to middle-aged men, characterized by serous detachment of central retina as a consequence of focal leakage of fluid from the choriocapillaris through a defect in the retinal pigment epithelium. Approximately 80% of central serous chorioretinopathy undergo spontaneous resolution within 6 months. However 20 to 30% of patients with central serous chorioretinopathy have one or more recurrences and undergo chronic courses. In these cases laser photocoagulation is used to burn the leakage site directly, but there is no evidence that it reduces the chance of permanent loss of visual function and recurrence. We have administered stellate ganglion blocks (SGB) on a 43 year old male patient with central serous chorioretinopathy with multiple recurrences and experienced good results. We therefore recommend SGB as an effective treatment for central serous chorioretinopathy in conjunction with other ophthalmological treatments.

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알칼리 감량 폴리에스테르 섬유의 기공도와 염색성 (The Porosity and the Dyeability of Polyester Fiber Treated with Sodium Hydroxide Aqueous Solution)

  • 김병인;김태경;임용진;조광호;조규민
    • 한국염색가공학회지
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    • 제12권6호
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    • pp.380-388
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    • 2000
  • The porosity of polyester fibers treated with sodium hydroxide aqueous solution was investigated using a nitrogen porosimeter, and the dyeability of the treated fibers was discussed in terms of the porosity. In pore distribution, the polyester fibers treated with sodium hydroxide aqueous solution were characterized by higher amount of pores below $10\AA$ than those of the untreated fibers, and by shift of the pore size having maximum accumulated volume from $10\AA$ for the untreated fibers to $5~6\AA$. As the weight loss of the polyester fibers treated with sodium hydroxide aqueous solution increased, BET surface area and total pore volume increased linearly, but average pore size, showing some different aspect, increased steeply at earlier stage and then approached the maximum value. The dye uptakes of the polyester fibers treated with sodium hydroxide aqueous solution increased with the BET surface area, the total pore volume and the average pore size. The alkali treatment increased the surface area of polyester fibers, so that the chance of contact between the fiber and dye molecules increased. In addition, the pores created on the surface of polyester fibers by alkali treatment might act as pathways for dye molecules into the polyester fibers.

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COVID-19 후각 이상에 대한 한의학적 고찰 (Olfactory Dysfunction in COVID-19 from a Korean Medical Perspective)

  • 김상현;김종현
    • 대한한의학원전학회지
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    • 제35권2호
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    • pp.99-120
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    • 2022
  • Objectives : To analyze symptoms of olfactory dysfunction caused by COVID-19 from a Korean Medical Perspective. Methods : Previous studies dealing with olfactory dysfunction accompanying COVID-19 were studied and analyzed for general characterization. Physiology and pathology of olfactory functions within the classical texts of Korean Medicine were collected and analyzed, through which symptoms of olfactory dysfunction in COVID-19 were examined. Results : Olfactory dysfunction manifested in high ratios in the early stages of confirmed COVID-19 cases, at times independent of other nasal symptoms such as blockage or discharge. There was a high chance of loss of taste being accompanied, while mental problems such as a tendency to have difficulty concentrating were present as well. In most cases, recovery took one to two weeks. From a Korean Medical perspective, physiology of olfactory function is closely linked to the Lungs, Ancetral Qi[宗氣], and the Heart, while its dysfunction could be explained by pathological factors such as Wind-Cold, Fire stagnation, Qi deficiency, Wind stroke, etc. Conclusions : In the context of external contraction disease[外感病], olfactory dysfunction could be caused by problems in the Lungs and Stomach that are responsible for breathing, or the Heart which is involved in recognizing and differentiating scent. General characteristics of COVID-19 imply it to be closely related to the Heart. In clinical application, overall symptoms need to be considered in diagnosis and treatment planning, after which further approaches could made to determine the problem to be of the Lung and Stomach, or of the Heart.