• Title/Summary/Keyword: Medical consumer protection

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Perception and Performance of Emergency-room Nurse's Protection Behavior for the Consumer Health Information (응급실 간호사의 환자 의료 정보 보호행위에 대한 인식 및 실천 정도)

  • Jung, Sun-Young;Ju, Hyeon-Ok
    • Journal of Korean Academy of Nursing Administration
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    • v.15 no.3
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    • pp.403-414
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    • 2009
  • Purpose: The purpose of this study was to investigate the emergency-room nurse's perception and performance about the protection behavior of the consumer health information. Method: The participants were 191 emergency-room nurses in secondary, tertiary medical center nationally. The data were analyzed by SPSS 12.0 program. Result: First, the total average scores of the degree of the perception and performance by emergencyroom nurses on protection behavior of the consumer health information were $4.24{\pm}0.30$ and $3.51{\pm}0.26$. Second, the degree of the perception and performance on protection behavior of the consumer health information was heavily dependent on the following general characteristics of the participants: age, nurse position, career, and education experience on protection behavior of the consumer health information. Third, there was a positive correlation between the degree of perception and performance about the protection behavior of the consumer health information. Conclusions: The results showed the statistically significant partial correlation between the degree of perception and performance. Therefore, it is suggested to apply the concrete education program to enhance the perception in order to improve the performance.

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Compare Patient Right and Consumer Right in Medical Field (보건의료현장에서 환자의 권리와 의료소비자로서의 권리 비교)

  • Jung, Younghoon
    • Health Policy and Management
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    • v.27 no.1
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    • pp.3-17
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    • 2017
  • In the traditional medical field, the patient was a person to receive protection from the doctor because there are vertical relationship between the patient and the doctor. But in modern medical field, patients change their role to health-care consumer to be guaranteed their rights more actively. This study compare patient's rights in doctor's vocational ethics and patient's rights in law, consumer rights. This study analyzes what is type of law-relationship between patients and doctor and how can they act health-care as health-care consumer.

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

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.26 no.4
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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.

A Study on the Consumer Disputes and Protection Measures of the Digital Healthcare Market and O2O Service (디지털헬스케어 시장과 O2O서비스 소비자분쟁 및 보호방안)

  • Byeon, Seung Hyeok
    • Journal of Arbitration Studies
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    • v.30 no.4
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    • pp.121-138
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    • 2020
  • The O2O services in the healthcare sector have only been in full swing for about three years, and unlike existing O2O consumer goods, the scale and scope of the dispute are more complicated due to restrictions on medical treatment. In this study, O2O service platform operators and medical institutions' roles and responsibilities were redefined as a countermeasure for resolving disputes in healthcare O2O services and the laws for changing the transaction environment. A change in institutional mechanisms was proposed. This study looked at the types of consumer disputes related to healthcare O2O services as insufficient information problems, problems in the course of medical service implementation, problems with immunity provisions for platform operators, cancellations, and non-compliance with refunds. All the information generated during transactions in the healthcare sector was extensive in scale and included the most sensitive information among personal information, stressing the importance of ensuring security. The area that started in the O2O range before the medical institution visit also proposed a plan to establish a system for the delivery of proven information as a pre-medical person. The scale and growth will grow faster, given that consumers can experience the information they want anytime, anywhere they want. However, the platform broker's role, a link player, will become more important because consumers who use the service will have their first meeting with non-face-to-face product providers. On the other hand, service providers may have side effects of misleading consumers by providing false information or misleading consumers through exaggerated advertisements. The O2O service market is expected to expand beyond distribution and dining out to the entire industry. However, since it is challenging to check accurate statistics on the detailed market, various disputes and consumer protection measures will be required for each detailed market, and comprehensive leading solutions will be essential in the future.

About dentistry infection from dentistry medical institution recognition research of patient (치과내원환자의 감염관리에 관한 인식도 조사)

  • Lee, Youn-Kyung;Kim, Soon-Duck
    • Journal of Korean society of Dental Hygiene
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    • v.10 no.4
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    • pp.617-625
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    • 2010
  • Objectives : The research which sees collected information about dentistry infection management recognition of the patients and the infection management which the medical treatment consumer does in necessity is what, grasped and satisfaction and became the fundamental data which makes the hospital will be able to trust about dentistry image rise and dentistry environment of the medical treatment consumer who assists a dentistry character executed. Methods : From 2009 April 1st until May 28th 233 people common people who have the experience which visits a Gyeongsangnam-do area dentistry the object with the entry question law which sleeps did and the data analysis SPSS, 12.0 For Window under using produced each question item by frequency and a ratio, the analytical degree of infection management One - Way ANOVA stamps and executed t-test. Results : Information experience experienced about dentistry infection of the investigation object person to be, appeared with 74.7% and the after that dentistry assistance at the time of conduct change which experiences the answer back regarding of Former times attentively observes organization disinfecting' was most with 46.6%. The protective equipments wearing goal of the dentistry medical attendance appeared the dentistry medical attendance and patient protection 77.7%, dentistry medical attendance protection 12.9%, by patient protection 9.4% order. Before medical treatment starting of the dentistry medical attendance the hand Does not confirm' appeared 72.1%, with. The hand washing, is whole and the degree which appears is high with 4.11 points the stamp. Is high there was a possibility of knowing the thing about the recording infection where the educational background will be high and considers statistically the difference which was visible Conclusions : The education which is active and continuous is necessary about infection management and sets the guides which are standardized to the patients and about infection management and about infection prevention and exposes from dentistry practices well to emboss the thing is thought that there is a necessity to plant a trust feeling about the dentistry where the patients assist.

Reflections on the US FDA's Warning on Direct-to-Consumer Genetic Testing

  • Yim, Seon-Hee;Chung, Yeun-Jun
    • Genomics & Informatics
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    • v.12 no.4
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    • pp.151-155
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    • 2014
  • In November 2013, the US Food and Drug Administration (FDA) sent a warning letter to 23andMe, Inc. and ordered the company to discontinue marketing of the 23andMe Personal Genome Service (PGS) until it receives FDA marketing authorization for the device. The FDA considers the PGS as an unclassified medical device, which requires premarket approval or de novo classification. Opponents of the FDA's action expressed their concerns, saying that the FDA is overcautious and paternalistic, which violates consumers' rights and might stifle the consumer genomics field itself, and insisted that the agency should not restrict direct-to-consumer (DTC) genomic testing without empirical evidence of harm. Proponents support the agency's action as protection of consumers from potentially invalid and almost useless information. This action was also significant, since it reflected the FDA's attitude towards medical application of next-generation sequencing techniques. In this review, we followed up on the FDA-23andMe incident and evaluated the problems and prospects for DTC genetic testing.

A Study on Alternative Medical Disput Resolution -With a Focus on Medical Dispute Mediation of Kca- (제소 전 의료분쟁 해결에 관한 연구 -한국소비자원 의료분쟁 조정을 중심으로-)

  • Kim, Kyoung-Reay
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.71-89
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    • 2012
  • Just in case a patient's state couldn't get better or get even worse after medical practices, it is difficult for the patient's side to accept the result and it tends to think that its damage is caused by his doctor's malpractice. Medical practices of a doctor require highly advanced attention duty as a medical expert, because they are targeted at a human body of the best benefit and protection of the law. However, it is hard to prove the malpractice on the patient's side in medical dispute. Therefore, to solve a medical dispute quickly and fairly before the medical suit Korea Consumer Agency (KCA) has done a medical dispute adjustment business since 1999. For the past 5 years (2006~2010), the medical team of KCA had managed 4,171 cases as an injury relief, but it had dealt with them focusing on an injury relief business only after the occurrence of a medical accident. Afterwards, it is necessary to expand the range of its services in purpose of preventing the injury of consumers. If we can solve the problems -the clear statements about the cease of extinctive prescription in the fundamentals of comsumer act, the presence of parties directly concerned at comsumer dispute adjustment committee, and the effect of an agreement, etc. -, which have been founded in medical injury relief service of KCA and the management and procedures of the comsumer dispute adjustment committee of KCA and if we can also give KCA more workers and the proper budget of the government, we can expect KCA to become a more useful agency.

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Exposure of the Population in the United States to Ionizing Radiation

  • Carter Melvin W.;Oliver Robert W.
    • Journal of Radiation Protection and Research
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    • v.12 no.2
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    • pp.37-50
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    • 1987
  • The exposure of the population in the United States to ionizing radiation has recently been evaluated by the National Council on Radiation Protection and Measurements (NCRP). This was done by constituting six organizational groups to address various phases of the work and the results of this work are summarized in this article. The article is based on the report, by the same title, which is scheduled for publication by the NCRP in September, 1987. The six organizational groups are titled Radiation Exposure from Consumer Products, Natural Background Radiation, Radiation Associated with Medical Examinations, Radiation Received by Radiation Employees, Public Exposure from Nuclear Power, and Exposure from Miscellaneous Environmental Sources. These titles are descriptive of the subject areas covered by each of these separate groups. The data evaluated are for the years 1977-1984 with the majority of the data being for the period 1980-1982. Summary information is presented and discussed for the number of people exposed to given sources, the effective dose equivalent, the average effective dose equivalent to the U.S. population, and the genetically significant dose equivalent. The average annual effective dose equivalent from all sources to the U.S. population is approximately 3.6 mSv (360 mrem). Exposures to natural sources make the largest contribution to this total. Radon and radon decay products contribute 2.0 mSv (200 mrem) whereas the other naturally occurring radionuclides contribute 1.0 mSv (100 mrem). Among man-made or enhanced sources, medical exposures make the largest additional contributions, namely 0.39 mSv (39 mrem) for diagnosis and 0.14 mSv (14 mrem) for nuclear medicine. It was not possible to evaluate exposures for therapy. Most of the other sources of population exposure, including nuclear power and consumer products, are minor. A possible exception would be the use of tobacco products. These exposures are discussed in relation to a negligible individual risk level of $10{\mu}Sv/y$ (1 mrem/y). The NCRP considers exposures below the negligible individual risk level as trivial and as such should be dismissed.

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A Limit of the Prohibition of Ar ticle Type Medical Advertisement (금지되는 기사성 의료광고의 한계)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
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    • v.13 no.2
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    • pp.141-178
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    • 2012
  • Korea's medical law prohibited medical advertisements in principle and permitted them on an exceptional cases. However, the decision of the Constitutional Court of 20005. 10. 27. 20003 Heonga 3, it was changed to a negative system which allows advertisements in principle and restricted only exceptionally. Dramatic increase of medical advertisements was made after that and many argued more deregulation because there was actually heavy regulations. In particular, there is almost no actual regulation on the article type advertisement due to the reason of protection of the freedom of press, media and occupation. However, there may be an unjust result if a specific article or specialists' opinion is made using a newspaper, broadcasting or magazine as a form of article type advertisement to specific medical specialists or medical institution or medical treatment method that falsifies consumers or makes consumers confused by unjust medical expectations or reliability, that also deteriorates just competition and that causes the misrecognition of consumers. In fact, there were actual damages of article type advertisements on the eye whitening surgery not long after the transfer to a negative system of medical advertisements. Victims raised a medical proceeding against the doctor who carried out the surgery, but there is actually no systematic warranty except for the indemnity request. Thus, this case demonstrated a vulnerable result of a negative system. As such, it is problematic that there is no proper regulations defined in the current law and regulations because of the reason of the protection of the freedom of press, publication and occupation despite damages of such article type advertisements. Accordingly, it is urgent to apply the current prevention regulations on the article type advertisements strictly, and to set up specific regulations.

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Arbitration Agreement through Standardized Terms and its Validity (약관을 통한 소비자중재합의와 그 유효성)

  • Lee, Byung-Jun
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.111-132
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    • 2014
  • Recently, there have been discussions about the necessity of consumer arbitration such as ADR. The debate has progressed, because this area of arbitration has expanded into the press and medical fields. However, there is not an act for regulating consumer arbitration in South Korea. Thus, this issue has been deliberated at UNCITRAL Working Group III. The core issue of this deliberation is the validity of consumer arbitration. Especially if a pre-dispute arbitration agreement is contracted online, it progresses by using standardized terms; therefore it is possible that the Standardized Terms Regulating Act judges the relevant terms. This thesis consists of the following: First, concepts and categories of arbitration agreements. These include arbitration agreement, pre-dispute arbitration agreement, and arbitration agreement through standardized terms. Second, the validity of the above agreements will be discussed. There are three positions concerning their validity: affirmative as de lege ferenda, negative, and restrictively negative. Similar discussions concerning German law and cases would be helpful to specify and compare the issue. When a consumer arbitration agreement is contracted through standardized terms, it is necessary that the required formality of the agreement has been satisfied, before the effect of the agreement may be regulated by the German Civil Code.

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