• Title/Summary/Keyword: Patient Rights

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A Study on the Clinical Statistics of an Oriental Medical Office in a Public Health Center (대도시 보건소 한방 진료실 이용실태)

  • Kim, Ki-Tae;Ko, Heung;Lee, Eun
    • The Journal of Internal Korean Medicine
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    • v.27 no.4
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    • pp.827-835
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    • 2006
  • Objectives : This study investigated the actual condition of an oriental medical office in a public health center. Methods : We classified patients who visited an oriental medical office in the public health center of Gyeyang-gu over a 1-year period, according to age, sex, disease, etc. The number of patients was 6529. Results : Analyzing these 6529 persons, 65.8% were female, and 79.6% were seniors aged over 65. By disease category motor systemic disease or circulatory disease affected 84% of the patients. By medication or treatment category. O-Juk-San (五積散) at 38.3% was the greatest proportion, and Pal-Mul-Tang (八物湯) the second greatest. As to medical fee, 80.2% of the patients were not charged for treatment. Conclusions : The extract of herbal medication should be more expanded in the medical insurance, and should be improved in quality. The oriental medical office in a public health center should focus more on health promotion and disease prevention than patient care. For accomplishing this goal, the institutional position and rights of oriental medical doctors as civil officials should be equal to those of western medical doctors.

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Critical Overview on Changes of Judicial Precedents in the Medical Cases of Korea - In Relation with Forms of Judgments and Damages - (우리나라 의료판례 변화에 대한 비판적 고찰 - 판결양식과 손해배상액을 중심으로 -)

  • Shin, Hyun Ho
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.83-122
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    • 2014
  • Compared with medical cases and health care law from other countries there has been a lot of progress on medical law, especially on medical precedents in Korea. However, in recent years, medical precedents tend to reflect a realistic position of health care providers, rather than normative position of the victim. The burden of proof to prove strict liability is given to patients in civil law suits by courts, patients generally has the burden of proof. The rate of claims to prove the negligence of medical malpractice is falling significantly. Even if the error is acknowledged, it is not enough to get right to be relief for patients by increasing limitations of liability or ratio of patient's own negligence. Compensation fee is included in medical fees and risk of medical malpractice actions contributes ultimately to a health care consumer. In conclusion, author represents a major the new upgrade of above mentioned problem. By advising that court should assess actively for the perspective of victim for medical negligence we will be able to exercise remedies of patients' rights and to prevent recurring medical accidents and also contribute to medical advances.

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The Nurses' Perceptions and Experiences on the Older Adult's Dignity in Nursing Homes (노인의 존엄성에 대한 노인요양시설 간호사의 인식과 경험)

  • Kim, Ki-Kyong
    • Journal of Korean Academy of Nursing Administration
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    • v.15 no.1
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    • pp.81-90
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    • 2009
  • Purpose: The purpose of this study was to identify nurses' perceptions on the older adult's dignity, and identify the risk factors that threaten older adult dignity and nurses' experiences of ethically difficult care in nursing homes. Method: Qualitative content analysis was done using an analysis scheme developed by the investigators. The data were collected from 51 nurses in 10 different nursing homes, who have agreed this study. Using a self-completion questionnaire was developed by the authors. The questionnaire which consisted of 3 items about dignity definitions, risk factors, and experiences on ethical dilemma. Results: The scheme consisted of 14 categories and 33 subcategories of the 261 significant statements. The categories of the dignity perception analyzed were respect, social right and equality. The categories of risk factors analyzed were loss of control, abuse, physical restraint, invasion of privacy, decision limitation and staff qualification. The categories of dignity experiences were abuse, physical restraint, invasion of privacy, staff qualification and decision limitation. Conclusions: This study may suggests interpretation for compromised older adult's dignity and provides data to use in the development of the useful guidelines and educational programs for the nurses in nursing homes.

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Validity and Reliability of the Korean Version of Advance Directives Attitude Scale for Nurses (한국어판 사전연명의료의향에 대한 간호사 태도 도구의 타당도와 신뢰도)

  • Kim, Kyeongtae;Park, Youngry
    • Journal of Korean Critical Care Nursing
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    • v.15 no.2
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    • pp.64-76
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    • 2022
  • Purpose : This study aimed to verify the validity and reliability of the Korean version of the nurses' attitude scale toward advance directives of patients. Methods : We translated and back-translated the original tool consisting of 20 questions and tested and verified its content validity. Questions for which its content validity has been verified, a preliminary investigation was conducted among 20 nurses working in ICU, followed by the actual investigation. Data were analyzed using SPSS version 24.0 for Windows and Mac and AMOS version 24.0. To verify the validity, an item analysis was conducted for all 398 samples, and then an exploratory factor analysis for 200 samples that were randomly selected, followed by a confirmatory factor analysis for the remaining 198 samples. Results : Korean version of advance directives attitude scale (K-ADAS) consisting of 14 questions - 7 questions on 'patient rights,' 4 questions on 'role of a nurse,' and 3 questions on 'ethical judgment' - was verified its validity and reliability. Conclusion : In this study, the validity and reliability of the K-ADAS have been verified. We expect the verified tool to be useful in various fields that measuring the nurses' attitude toward advance directives of patients.

Research Trends in Medical Simulation Education Based on Virtual Reality (VR) and Augmented Reality (AR) (가상현실 (VR) 및 증강현실 (AR) 기반 의료 시뮬레이션 교육에 관한 연구 동향)

  • Sung Hyun Kyung;Shin Na Min
    • The Journal of Pediatrics of Korean Medicine
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    • v.38 no.1
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    • pp.78-87
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    • 2024
  • Purpose To develop an educational program using virtual reality (VR) and augmented reality (AR) in oriental medicine education, this study investigated the status of programs currently being used mainly in the fields of medicine, nursing, and dentistry, and was the basis for developing an oriental medicine education program. We plan to use this for future research purposes. Methods To investigate medical simulation education using VR and AR technologies, 72 studies were searched using the ProQuest Central Database (period 1.1.2000 to 10.10.2023.) Of these, 22 were selected for analysis. Results Among the selected studies, the educational fields of the program were 59% (13 studies) in medicine, 32% (7 studies) in nursing, 9% (2 studies) in dentistry, 73% (16 studies) were VR in terms of applied technology, and 27% (6 studies) in AR. Conclusions Recently, research on VRand AR has increased in the medical field. As patient rights and medical environments change, clinical practice education programs using new technologies are needed, in addition to traditional face-to-face practice. Related research is expected to be active in the field of Oriental medicine in the future.

Legal and Practical Solutions for the Expanding the Roles of Medical Support Staff Nurses (진료지원인력의 확대된 업무 수행을 위한 합법적이고 합리적인 해결 방안)

  • Choi, Su Jung;Kim, Min Young
    • Journal of Korean Academy of Nursing
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    • v.54 no.3
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    • pp.300-310
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    • 2024
  • Purpose: Medical support staff nurses have traditionally performed various supportive tasks for physicians, often extending beyond standard nursing roles. Despite these long-standing practices, there is a notable lack of official recognition and legal protection for these expanded responsibilities, leading to increasing legal concerns. Therefore, there is a need for proposing a rational solution to address these issues. Methods: The number of medical support staff nurses is rising, particularly as they fill gaps left by the 2024 resident physician strike. The study focuses on identifying potential challenges arising from this shift and developing strategic improvements to address these challenges effectively. Results: This study proposed legally expanding the scope of nursing duties and creating a robust system for training and certifying nurses to handle these responsibilities effectively, by integrating these roles within the advanced practice nurse (APN) framework. Conclusion: Integrating these roles within the framework of APN can offer a sustainable and legally sound solution to the ongoing healthcare crisis, ensuring patient safety and safeguarding healthcare workers' legal rights.

A Study on the Status of Utilization of Health Care Institution by Geriatric Patients -Focus on the Utilization of Physical Therapy- (노인환자 보건의료기관 이용실태 분석)

  • Lee, Jong-Sub;Song, Myung-Soo
    • Journal of agricultural medicine and community health
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    • v.22 no.2
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    • pp.277-293
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    • 1997
  • This study was conducted to provide basic materials required to enforce and develop welfare policies, as well as the health system, for the aged, by surveying the status of health care utilized by the daily increasing old population and the importance of receiving physical therapy. Data that need in this research was gathered from over ages of 65, during the period from Jan 4, 1996 to Jan 31, using the inquiries previously made by geriatric researchers and through literatures investigator by this writer. The data were analyzed by $X^2$, Z-test, Likert scale. The findings were as follows : 1) General characteristics of subjects. People in the age group between 65 and 69 were 55.6% and the highest number, while male were 37% and female 63%. Analysis of income group disclosed 60.6% whose monthly income, including the pocket money given by children, was less than 200,000 won. 91.1% of the elderly people surveyed owned houses; only 36.4% live with spouses; while 15.6% live alone. 2) Characteristics with respect to utilization of health care institution. 56% of the total medical institutions used by the elderly people were clinics and the rates of chronic disease and musculoskeletal disease were 73.2%. 3) Characteristics with respect to approach of health care institution. 45.1% of the respondent stated it took 20 minutes to arrive at hospital, and bus accounted for 48.6% of all transportation means used to go to hospital. 4) Degree of cognition with respect to the rights of geriatric patients. (1) There is no financial support from the government for geriatric patients(71.4%). (2) Government financial support is needed for geriatric patients(95.3%). (3) Have never been regionally surveyed or called upon for interviews with respect to treatment desire and problems relating to geriatric patients(87.2%). (4) Health and medical policies for geriatric patients must be established rapidly(98.4). (5) Expansion and construction of specialized medical facilities for geriatric patients such as elderly hospital and medical center are needed(90.2%). (6) Government's welfare policies for the elderly people is insufficient(82.0%) 5) Degree of cognition on importance of physical therapy with respect to geriatric patient. (1) Physical therapy is considered most effective in treating geriatric patients(82.9%). (2) Physical therapists specializing in only elderly people must be need of separately(76.2%). (3) It is desirable for medical specialists to visit geriatric patients at home to provide physical therapy(82.9%). (4) Hospitals specializing in physical therapy for geriatric patient are required(85.6%). Based on the result for this research, the following suggestions are presented to facilitate the utilization of health care institution for the welfare of geriatric patients. Medical facilities such as elderly hospital and geriatric patient's medical center specializing in elderly people must be constructed as early as possible; and home-visiting physical therapist system must be important to treat chronic geriatric patients; our government must establish policies to provide the old ages with means for the health care and curing chronic diseases, and carry out the plans of reasonable distribution and effective untilization of medical resources.

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Non Face-to-Face Treatment and Not-informed Medication to Persons with Mental Disorders (정신질환자에 대한 비대면진료 및 비고지투약 -치료적 대화의 복원을 위한 모색적 고찰-)

  • Jung, Sangmin
    • The Korean Society of Law and Medicine
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    • v.25 no.1
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    • pp.149-192
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    • 2024
  • People with mental illness are generally either unaware of their illness or unwilling to voluntarily seek treatment, which makes treatment difficult and the pain mainly passed on to their families. Accordingly, non-face-to-face treatment, in which the patient is diagnosed by interviews with the family and unannounced medication, in which medication is secretly administered through the family, can be performed, and this has been considered a necessary evil. Even considering realistic aspects such as the special nature of mental health care and families' suffer, not-informed treatment without consent violates not only medical laws, but also human rights of mentally ill patients. Above all, if the patient finds out about this late, the trust between the patient, family, and doctor is completely broken, and a treatment is absolutely refused. Japan's Chiba decision, which presents exceptional conditions for allowance might be a solution. However, it would not be a right solution, considering that it could lead to long-term unannounced medication and completely cut off treatment through therapeutic dialogue. Ultimately, it need to approach this problem and seek alternatives through restoration of therapeutic dialogue.

Criminal Liabilities of Ghost Surgery (유령수술행위의 형사책임 - 미용성형수술을 중심으로 -)

  • Hwang, Manseong
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.27-53
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    • 2015
  • Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

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A Study on the Nurse's Due Care in Medical Malpractice (의료과오시(醫療過誤時) 간호사의(看護師)의 주의의무(注意義務)에 관한 연구(硏究))

  • Kang, Sun-Joo
    • Journal of Korean Academy of Nursing Administration
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    • v.5 no.1
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    • pp.113-136
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    • 1999
  • There are some new trends in judgments concerning medical malpractice. which include emphasis on medical professionals' explanation duty in order to materialize patient's rights of self-determination. Now, patient is not a mere subject of medical and nursing care any more, but a subject, participating in medical practice on equal terms with medical professionals. Legal accountability is no limited to nurses in advanced practice: it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital, a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to indentify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's due care, especially in nursing malpractice. To clarify nurses' due care. chapter II has focused on nursing behavior and the scope of nursing practice based on the medical law and health care related study results. Chapter III deals with the content and scope of nurse's due care. Generally. negligence is defined as not doing something which a resonable person. guided by those ordinary considerations which or dinarily regulate human affairs. would do. or doing something which a resonable and prudent man would not do. Next. it describes how we can set the standard of due care in nursing practice. There is objective factors and subjective factors. And we also discuss about the limitation of due care in nursing practice. Finally. chapter IV deals with the case studies related to nursing negligence in the situation of determination. Now', patient is not a mere subject of medical and nursing care any more, but a subject participating in medical practice on equal terms with medical professionals. Legal accountability is not limited to nurses in advanced practice; it is a recognized fact of life for every practicing nurse. whether she is an RN employed as a staff nurse in a hospital. a Certified Nurse-Midwife in independent practice or a patient's home. Therefore, it is essential for nurses to be as familiar as possible with the legal guidelines that govern their patient care responsibilities. However. there are only a few studies focused on nursing negligence. To define nurse's civil liability in medical malpractice, it is necessary to identify both legal nursing behaviors and nurse's due care in those nursing behaviors. So this paper focused on nurse's intravenous injection. post operation nursing care. blood transfusion. and patient nursing care. The result of this paper is as follows. First. there are several cases dealing with nurse's negligence in nursing practice. however, those cases didn't judge nurse's due care based on individual -specific standard but general-objective standard. Second, there is a tendency to put an emphasis on the principal of belief to distinguish who has the liability in the case of medical malpractice among medical care team. So nurses shoud practice nursing care more actively to protect themselves and patients because there is an effort to form professional nurse system and the scope of nursing practice will be deeper and broader. Third, standard of care is a necessary element in establishing negligence. If a nurse is able to meet the standard of care, no breach will be found.

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