• 제목/요약/키워드: Medical law

검색결과 978건 처리시간 0.031초

한의사의 면허 외 행위 판단 기준에서 "진단의 보조 수단"의 의미 - 대법원 2023. 8. 18. 선고 2016두51405 판결 - (Meaning of "an auxiliary method of diagnosis" in the judgment of unlicensed medical practice by Korean medical doctors - Supreme Court Decision 2016Du51405 on August 18, 2023 -)

  • 최혁용
    • 의료법학
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    • 제24권3호
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    • pp.125-153
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    • 2023
  • 대법원 2022. 12. 22. 선고 2016도21314 전원합의체 판결은 한의사의 진단용 의료기기 사용이 면허된 것 이외의 의료행위에 해당하는지를 판단하는 새로운 기준을 제시하고, 이 기준에 따라 한의사의 초음파 사용을 무면허 의료행위가 아니라고 판단하였다. 대법원 2023. 8. 18. 선고 2016두51405 판결은 새로운 판단기준을 적용하여 뇌파계를 파킨슨병과 치매 진단에 사용한 행위가 한의사로서 면허된 것 이외의 의료행위에 해당하지 않는다고 판단한 첫 번째 사안이다. 대법원은 판례변경을 통해 의료기기 사용에 서양 의학적 지식과 기술이 필요하지 않아야 한다는 종전 기준을 폐기하였지만, 진단용 의료기기를 사용한 한의사의 서양 의학적 진단행위를 진단의 보조수단으로 볼 것인지는 불투명한 상태였다. 이에 대법원은 뇌파계를 활용하여 파킨슨병과 치매, 즉 서양 의학적 진단을 한 한의사의 행위를 면허된 것 이외의 의료행위가 아니라고 판단함으로써 진단의 보조수단이 가지는 의미를 명확히 정리하였다. 이외에도 대상 판결은 뇌파계의 개발, 제작 원리와 뇌파계 검사 결과의 자동 추출 및 자동 판독 여부 또한 판단기준에서 배제함으로써 한방의료행위의 의미가 수범자인 한의사의 관점에서 명확하고 엄격하게 해석되어야 한다는 죄형법정주의 관점을 더욱 투철하게 적용하고 진단용 의료기기가 한의학적 의료행위 원리와 관련 없음이 명백한 경우가 아닌 한 형사처벌 대상에서 제외됨을 분명히 하였다.

미국 자동차보험에 있어서 무과실보험의 중재에 관한 고찰 - 미국 뉴욕주를 중심으로 - (A Study on No-Fault Arbitration in U.S.'s Automobile Insurance - Focus on the Case of New York State -)

  • 김지호
    • 한국중재학회지:중재연구
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    • 제22권1호
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    • pp.89-110
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    • 2012
  • No-fault automobile insurance system is a statutory scheme to provide automobile accident victims with compensation for certain expenses arising from personal injuries occurring in car accidents. New York State has enacted No-Fault Law to ensure that the injured in automobile accidents be paid rapidly by their own insurance company for medical expenses, lost earnings regardless of fault, replacing common law system of reparation for personal injuries under tort law. Its primary purpose is to facilitate compensation without the need to exhaust time-consuming litigation over establishing the existence of fault and the extent of damages. No-Fault Law allows arbitration as a method for settling the no-fault insurance disputes. No-fault arbitration, however, differs in a significant way from general arbitration system. First, No-Fault Law provides the parties with the option to submit any dispute involving no-fault automobile insurance to arbitration. Second, no-fault arbitration attempts to speed its procedure incorporating various methods. Third, the parties are required to seek review of arbitral awards by master arbitrator prior to seeking court's review. Fourth, the parties have right to bring de novo action in court if master arbitrator's award exceeds $5,000. Given the current state of law in Korea, it may not be easy to introduce no-fault arbitration system into Korea in the context of automobile insurance disputes settlement as its law has a long-established reparation system based on tort liability and no-fault arbitration system has its own features that differ from general arbitration system. Nonetheless, it could be suggested that no-fault arbitration be introduced in other fields which require speedy dispute resolution and a third party's decision to settle the disputes. The optional right of submitting disputes to arbitration as provided by No-Fault Law of New York State may offer a ground to supprot the effectiveness of an optional arbitration agreement.

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노인요양시설 요양층의 기능별 면적구성과 상관요인에 관한 연구 (A Study on the Functional Area Composition and Correlation Factors of Elderly Care Floor in Nursing Home)

  • 윤소희;김석태
    • 한국실내디자인학회논문집
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    • 제24권3호
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    • pp.156-164
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    • 2015
  • Nursing Homes do not have a defined standard in the space area nor does it have a detailed standard facility requirement by law. This can possibly lead to the deterioration of the facility and the system. This directly affects the medical treatment space area within the nursing home. The medical treatment area provides medical treatment to seniors and this is where the seniors get most of their daily services. Therefore, this is research is about the study of the space area of the medical center and the ratio trend of the space area for the medical treatment facility located in senior nursing homes. Ten facilities have been selected in this study to analyze the correlation factors between space area and its trends. The analysis performed includes the conditions relating to the area and what affects the center. We have followed up with a proposal for improvement of the facility and area configuration for the medical treatment facility. Based on the analysis, the following conclusion can be made: First, the senior welfare centers are mostly used as a residence purpose followed a temporary stay of residence facility for the seniors. Second, research indicates that the bigger the facility, nursing and public functions took a larger portion of the space area compared to other services within the senior welfare centers. Third, the study shows the management space area took up about 1%~6% of the entire medical center within the nursing home which is a narrow space area because of the integrated management. Fourth, analysis based on the trend in the time-series indicate after the adoption of the system, there is a continued decline in the space area of nursing, management and public areas. Lastly, since before and after 2008, the space area composition of the nursing facility shows a continuous decline in our study. We can safely conclude that the revised senior welfare act's construction plan has an effect in the facility and is effectively working to meet its requirement. Therefore, the revision of the law is required to reflect the social needs of the residents.

한국 건강보험법 시행 30년의 역사와 과제 (Overview and Insight After 30 years of implementing the National Health Insurance Regulations in Korea)

  • 신언항
    • 의료법학
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    • 제8권2호
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    • pp.9-35
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    • 2007
  • The Health care program in Korea has now been systemized after 30 years of declaring the inauguration of the national health insurance system by the current government. The national health care covering all Korean citizens was achieved after 12 years of implementing the national health insurance and the health care program since 1977. Hundreds of multiple operational agencies managing the insured individually had undergone the amalgamation process from 1998 to 2000, and had been restructured as one agency, the National Health Insurance Corporation. In 2003, the community/area based financial management was also merged together with the employment based financial management. The National health care system of Korea offer various merits, compared with that of other countries, such as health care provision covering all Koreans, low insurance premium, accessibility of medical services/facilities etc. However, there are still some weak features which need to be addressed for improvement; below expectation insurance cover system, mistrust on the medical services, low medical charges resulted from excessive restrictions, and unstable financial status of the national health insurance etc. Therefore, the National health care system should continue to evolve to re-establish itself as more effective national health care system by further strengthening its merits, and by improving its weaknesses; with adopting the positive system to optimize the costs of prescribed medicines/drugs, applying simpler insurance coverage system to calculate the optimum medical charges, promoting private medical insurances, and increasing insurance premium etc.

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의과대학에서의 환자안전 교육과정 도입을 위한 환자안전 교육현황조사 및 향후 운영방안 (Current Practices and Future Directions in Patient Safety Education and Curriculum in Medical Schools)

  • 오혜미;이원;장승경;김소윤
    • 의학교육논단
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    • 제21권3호
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    • pp.143-149
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    • 2019
  • In 2018, The Ministry of Health and Welfare announced its first comprehensive plan for patient safety, which included the imperative to develop a patient safety curriculum for students studying to become health professionals. The aim of this study is to assess current patient safety education and points of consideration for introducing new curriculum. An online survey was used to understand the status of patient safety education in medical schools, and key informant interviews and focus group interviews were used to collect qualitative data on the experience of patient safety education. The results of the online survey from 16 out of 40 medical schools (40% response rate) and the qualitative data analysis were integrated and analyzed. Twelve schools (75%) had established courses related to patient safety. The qualitative responses suggest that patient safety education is appropriate both before and after clinical training through a variety of educational methods, and that the topics should be linked with clinical training. The challenge of securing lecture time to address patient safety was mentioned as a realistic obstacle. When patient safety education is integrated in future curriculum, it is necessary to consider it as a priority. Moreover, in the early stages of introducing patient safety education, a step-by-step, policy-based approach is required for seamless adoption and settlement.

Penetrating chest trauma from a "less lethal" bean bag in the United States: a case report

  • Gloria Sanin;Gabriel Cambronero;Megan E. Lundy;William T. Terzian;Martin D. Avery;Samuel P. Carmichael II;Maggie Bosley
    • Journal of Trauma and Injury
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    • 제36권4호
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    • pp.421-424
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    • 2023
  • This case report presents the case of a 49-year-old man who presented to our level I trauma center after sustaining injuries in an altercation with local law enforcement in which he was shot with a less lethal bean bag and tased. In a primary survey, a penetrating left supraclavicular wound was noted in addition to a taser dart lodged in his flank. No other traumatic findings were noted in a secondary survey. Given hemodynamic stability, completion imaging was obtained, revealing a foreign body in the left lung, a left open clavicle fracture, a C5 tubercle fracture, a possible grade I left vertebral injury, and a left first rib fracture. Soft tissue gas was seen around the left subclavian and axillary arteries, although no definitive arterial injury was identified. The bean bag projectile was embedded in the parenchyma of the left lung on cross-sectional imaging. The patient underwent thoracotomy for removal of the projectile and hemostasis. A thoracotomy was chosen as the operative approach due to concerns about significant bleeding upon foreign body removal. A chest tube was placed and subsequently removed on postoperative day 5. The patient was discharged on postoperative day 7. At a 2-week outpatient follow-up visit, the patient was doing well. This case report is the first to describe this outcome for a drag-stabilized bean bag. Although law enforcement officers utilize bean bag projectiles as a "less lethal" means of crowd control and protection, these ballistics pose significant risk and can result in serious injury.

의학인물(醫學人物)연구와 향약의학(鄕藥醫學) (A Study on Medical Personnel and HyangYak medicine)

  • 맹웅재;김남일;안상우;강연석
    • 한국한의학연구원논문집
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    • 제15권1호
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    • pp.43-47
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    • 2009
  • Personnel who had contributed Medical development in history are classified into four types in this paper. The first, it is personnel that studied the medicine or treated a patient like doctors, medical researchers, physicians, nurses, etc.. The second, it is personnel that made law or systems about medicine or published the medical books. The third, it is personnel that received the medical treatment like patients or their protectors. The last, it is personnel that are teachers, students, friends, and relatives of people above mentioned. The studies of medical personnel in history are important. Those are more effective and easier informations than medicine itself. This paper is the study on medical personnel about HyangYak medicine that soley made from HyangYak(鄕藥) and that of classifying the informations about these persons.

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환자 중심의 의료전달체계 구축에 관한 연구 -일차 의료 강화와 관련된 유럽연합의 예를 중심으로- (A Study on the Patient-centered Medical Delivery System -Focusing on EU examples of strengthening primary care-)

  • 김용민
    • 의료법학
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    • 제20권3호
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    • pp.235-262
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    • 2019
  • 전통적으로 인류를 위협해 오던 감염성 질환이 줄어드는 반면, 심뇌혈관 질환을 포함하여 암, 당뇨와 같은 만성질환이 빠른 속도로 퍼져나가고 있다. 오랜 시간에 걸쳐 발병하며 증세가 장기간 지속되지만 치료가 어려운 만성질환의 특성을 반영, 그 위험요인의 관리와 이에 대응하는 건강증진정책의 마련은 세계 각국의 중요 관심사로 부상하게 되었다. 일차 의료 시스템이 점점 더 복잡한 형태로 변화하는 현대사회의 건강요구에 부합, 건강증진 및 질병 예방 정책, 지역사회에 대응 솔루션 등 이른바 환자 중심의 다 부문 접근방식을 제공하면서 변화된 의료 환경에서 일차 의료의 가치는 다시 한 번 부각 되고 있다. 기존의 의료전달체계로는 급속한 고령화 및 질병 패러다임의 변화, 삶의 질 향상을 향한 민중의 욕구를 감당하기 어려워지면서 유럽연합국가들은 지속적이며 포괄적이고 조정된 관리를 제공하는 일차 의료 시스템을 구축, 그 품질 향상을 위하여 다각적인 노력을 기울이고 있다. 본 논문은 우리나라 보건의료 전달체계의 현황 및 문제점 등을 검토하고, 일차 의료 강화와 관련된 유럽연합의 예를 중심으로 그 시사점을 도출, 환자 중심의 미래형 의료전달체계 구축 방안에 관하여 논의하고자 한다.