• 의료법학
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• 제8권2호
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• pp.69-118
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• 2007

In providing general medical treatments, the medical service contract between the patient and the doctor is the mutually responsible onerous contract. However, the nature of the mutually assumed contract standings of the patient and the doctor has been changing since the implementation of the national health insurance program. For instance, besides the cases of beyond excessive medical charges and medical negligence, if the doctor charged for his/her medical treatments violating the post-treatment/nursing cover criteria, the overpaid medical charge, regardless of being collected with the patient's consent, has to be refunded back to the patient. Medically needed aspects, treatment results, and unfair benefits favoring the patient are not at all taken into consideration in the health insurance scheme. This makes it easier for patients to get refunds for their share of the medical payments by involving the Health Insurance Review & Assessment Service or the National Health Insurance Corporation, without engaging in civil law suits (for reimbursement claim) against doctors. In other words, the doctor's responsibility to provide medical treatments and the patient's responsibility to pay for the medical treatment provided within the contractual realm are being demolished by the administrational arbitration of the National Health Insurance system. The basic rights of medical service providers, and the patient's right to choose are as important constitutional rights, as the National Health Insurance program, which is essential in the social welfare system. Furthermore, the development of the medical fields should not be prevented by the National Health Insurance system. If the medical treatment services can be divided into necessary treatments, general treatments, and high quality treatments, the National Health Insurance is supposed to guarantee the necessary and general treatments to provide medical treatments equally to all the insured with limited financial resources. However, for the high quality treatments, it is recommended that they should not be interfered by the National Health Insurance system, and that they should be left to the private contract between the patient and the doctor.

• 의료법학
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• 제5권2호
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• pp.294-319
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• 2004

Because the treatment of a physician generally pertains to the intrusion into body of a patient, his/her consent is a must in order for such conduct to be justifiable. To ensure effective consent of a patient, the physician should fully inform him/her of kind and details of the disease and way of treatment and risks associated with it. The patient can, then, make a decision whether he/she should accept any treatment or operation, if necessary, on the basis of such information. The obligation of physicians to explain has since long been recognized as important in view of guaranteeing the rights of patients for self-decision and protecting them from arbitrary assessment of physicians for treatment. Progress has been made in this respect even to the extent that physicians treat patients on equal terms and think first of all much of establishing trustworthy relationships with patients. Lots of studies in Korea and foreign countries have tried to explore the issues concerning the obligation of physicians to explain in the meantime but seem to have failed to make concrete and versatile approaches from the standpoint of protecting the rights of patients. Wouldn't it be really possible for patients to perceive their own rights and cope actively with the medical treatments? If physicians have full understanding to the rights of patients, they will be put in a better situation to protect themselves and patients, in turn, can identify their own responsibility correctly, which will eventually contribute to fulfilling the goal of treatment. With this background, the present paper examines briefly the obligations of physicians for explanation based mainly on the preceding theories and judicial precedents in the first place and then deals with the status quo and contents of the German medical laws, with a focus on the treaty of European Law 1997 and its working document on the applications of genetics for health purposes that stipulate the detailed criteria on the medical treatment and rights of patients and Germany's $\ulcorner$Charter of Rights for Patients$\lrcorner$ promulgated in 2003.

• 의료법학
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• 제11권1호
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• pp.397-445
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• 2010

This thesis introduces the trends of korean courts' ruling on damages in medical malpractice cases for past 10 years. First of all, Korean courts' ruling have had a tendency to pay only non-economic damages for not taking the informed consent. If a doctor cannot get the informed consent from a patient, he compensate only non-economic damages for the infringement of self-determination rights of patient. It's enough for the plaintiff to prove the infringement of self-determination rights, if the plaintiff just want to get non-economic damages. The Korean Supreme court have ruled that if plaintiffs want to get economic damages for the infringement of self-determination rights or informed consent, plaintiffs must prove that the infringement of self-determination rights is the proximate cause of the economic damages of patient. There is another tendency for the Korean Supreme court to limit the damages in medical malpractice cases on the ground of patient's diseases' dangerousness or patient's idiosyncrasy. In the past courts often limit the damages only to 70~80% of total damages, but now a days courts mostly limit the damages to 20~30%. This thesis also introduce the Korean courts' trends about Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care.

• 간호행정학회지
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• 제17권1호
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• pp.33-43
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• 2011

Purpose: This study was done to develop a web-based diagnostic evaluation program for nurses to prevent malpractice liability. Methods: A comprehensive review of the literature and 9 specialist interviews were used to search for learning goals and content for protection for nurses from malpractice. Data on needs for learning goals were collected from 56 hospital nurses who agreed to complete a self-report questionnaire. The diagnostic program was evaluated between September 2008 and August 2009 by 35 new hospital nurses using an application of the web-based program evaluation tools by Chung (2000). Results: A comprehensive review of the literature and interviews were used to search for learning goals and content. The evaluation program was composed of the 73 questions for diagnostic evaluation under 23 learning goals and 6 grand learning goals which included the principles of law, patient's rights, legal responsibility, patient's safety, regulation on nursing practice and patient's rights protection. Evaluation of the program showed that the mean for program evaluation was 3.43 (SD=.37). Conclusion: This diagnostic evaluation program could be an efficient method for teachers and learners to improve nurses' behavior in protecting the patient's rights and preventing malpractice claims.

• 한국간호교육학회지
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• 제21권4호
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• pp.455-465
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• 2015

Purpose: This study aimed to explore human rights sensitivity and the perception of patients' rights among nursing students. For the study, 253 nursing students from K and D universities located in Daegu and the Gyeongbuk region were asked to participate. Methods: Data were analyzed using IBM SPSS Statistics 20.0; in addition, descriptive statistics, a t-test, and a one-way ANOVA were used. Results: The average human rights sensitivity score was 2.40 out of 5 points. Human rights sensitivity was significantly different in education experiences in regards to human rights after getting into nursing school and in nursing courses, as well as experiences of clinical practice. Among the six episodes that measured human rights sensitivity, nursing students reported the highest score on the right to the pursuit of happiness of older people and the lowest score was reported on the right to privacy. The average score of patients' rights perception was 4.53 out of 5 points. In particular, nursing students considered the right to enjoy human worth/dignity and the right to equality to be the most important of patients' rights. Patients' rights perception, in general, was significantly different depending on the number of family members. Conclusion: It is needed to develop an effective nursing curriculum in order to improve nursing students' human rights sensitivity and foster positive perceptions regarding patients' rights.

• 한국간호교육학회지
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• 제26권3호
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• pp.269-280
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• 2020

Purpose: Clinical nurses are the ideal health care providers to advocate for vulnerable and underserved populations such as people with disability. This study aimed to understand factors influencing nursing advocacy for people with disability among clinical nurses. Methods: The subjects of this study were 186 clinical nurses who were working in three hospitals in B and D cities. Self-report questionnaires were used to collect the data. Data were analyzed using IBM SPSS Statistics 25 with descriptive statistics, t-test, one-way ANOVA, Pearson's correlation coefficients, and multiple regression analysis. Results: Clinical experience and esthetical nursing competency have positive correlations with nursing advocacy, and optimism-human rights has a negative correlation with nursing advocacy. Factors influencing nursing advocacy for people with disability were identified as patient directivity (β=0.36, p=.001), optimism-human rights (β=-0.18, p=.008) and clinical experience (≥10) (β=0.14, p=.036). The final model consisting of these factors explained 19% of the variance of nursing advocacy (F=14.99, p=.001). Conclusion: The findings of this study indicate the importance of developing and implementing nursing interventions that can improve patient directivity and optimism-human rights toward people with disability among clinical nurses. These nursing advocacy interventions can be provided as part of continuing education as well as the nursing curriculum.

• 호스피스학술지
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• 제6권2호
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• pp.10-18
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• 2006

This study was designed to learn attitudes to euthanasia of nursing student. Data were collected from May 1 to May 30, 2005 by structured questionaires. The respondents joined in the study were 307 nursing student. Data were analyzed using SPSS program by percentage, t-test, one-way ANOVA and scheffe, The results obtained were as follows :1. The mean scores for euthanasia were 3.16 in medical ethics, 2.85 in respect for life, 2.83 in patient's rights, and 2.63 in quality of life, being 2.85 overall. 2. Those who have grade showed significantly higher scores for euthanasia. 3. About 56% of the respondents did not agree that passive euthanasia is justifiable, and 55% did not like performance of euthanasia. 4. The group admitting that passive euthanasia is ethically justifiable showed significantly higher scores in the patient's rights(t=6.031, p=.000), the respect for life(t=5.280, p=.000) and the medical ethics(t=5.558, p=.000) than the group which do not admit. 5. The group which would perform passive euthanasia showed significantly higher scores in the patient's rights(t=6.329, p=.000), the respect for life(t=6.339, p=.000), the quality of life (t=1.993, p=.047) and the medical ethics(t=6.240, p=.000) than the group which would not perform passive euthanasia.

• 디지털융복합연구
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• 제18권7호
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• pp.299-306
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• 2020

본 연구는 환자중심성 의료문화 변화에 따라, 데이터마이닝 기법을 이용한 융복합 외래 의료서비스 환자경험조사 연구를 시행하여 환자중심성 의료기관 경영전략에 도움이 될 수 구체적 방안을 모색하고자 하였다. '2018 의료서비스경험조사' 원시자료를 이용하여 외래 의료서비스 환자경험이 있는 만 15세 이상 8,843명을 분석하였다. 의사결정나무분석을 수행하였다. 외래 의료서비스 환자경험에 대한 전반적 만족도 결정요인은 의사와 환자 권리보호였으며 추천의사 결정요인은 의사와 시설의 안락함과 편안함이었다. 여성이 남성에 비해 전반적 만족도에서 경험을 긍정적으로 평가했으며 60세 이상이 전반적 만족도와 추천의사에 대한 경험을 긍정적으로 평가했다. 외래 의료서비스 환자경험 의사결정예측 모형을 제시하고 의사 영역과 환자권리보호 영역, 시설의 안락함과 편안함이 중요한 요인임을 확인한 점이 의의가 있다. '의료서비스경험조사'에 대한 종단적 연구가 필요하며 입원 의료서비스경험에 대한 연구가 필요하다.

• Perspectives in Nursing Science
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• 제9권1호
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• pp.16-23
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• 2012

Purpose: The purpose of this study was to examine the effects of a program for rights advocacy on the level of human rights perception and self-esteem for those who are mentally ill. Methods: A quasi-experimental study using a nonequivalent control group pre-post test design was used. The data were collected from January 20 to March. 17, 2010. Forty one (23 in the experimental group and 19 in the control group) individuals participated in this study. The program was developed based on the education program for human rights developed by the Gyeonggi-do community mental health center in 2009. The program consisted of 8 sessions lasting 8 weeks. Results: There were no statistically significant differences in the demographic variables or the outcome variables between the two groups before the intervention. The level of human rights perception and self-esteem increased after the program in the experimental group but not significantly (t=1.87, p=.07; t=0.88, p=.384). Conclusion: Despite the fact that the program was not effective in increasing the level of human rights perception and self-esteem, the study was timely in that it suggests directions for those who develop rights advocacy programs for the mentally ill.

• Journal of Yeungnam Medical Science
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• 제16권1호
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• pp.10-14
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• 1999

The World Association for Sexology (WAS) will adopt a Declaration of Sexual Rights as basic and fundamental human rights August this year in Hong Kong. Two years ago WAS has been developing a Declaration of Sexual Rights in order to further promote sexual health and protect the sexual rights of everyone. Undoubtedly sexuality is one of the most intriguing subjects in the area of human behavior and psychology, and has been so since antiquity. The influence of sexual factors of human on all aspects of the society has been immense. The varieties of marriage, from traditional to the open marriage model are presented in front of our sight. The influences of women's movement in Korea, which has produced sexual, psychological, economic, political, familial and social changes look so small and the changes are not that much in America. But the profound effects of the women's movement affect on Korean society being realized as man's view of woman and woman's view of herself undergo constant change and reevaluation. With increased sexual awareness on the part of the public owing to mass media, for example AH-U-SEONG aired in TV and with increased emphasis on sexual matters in daily life, more and more physicians are being asked to deal with and manage sex-related problems in their daily practice. Yet, despite the obvious need for informed sexual counseling, doctors are often uncomfortable about sexual matters and many physicians have no special expertise in this area. So physicians concerned in sexology especially such as gynecologists, urologists, psychiatrists and endocrinologists must realize well about sex-related knowledge which is needed for counseling the patient as medical consumer and gap between reality and ideality in sexual diagnosis and treatment. Establishment of management system for the people who have sexual problems is strongly needed to promote sexual health and protect the sexual rights of everyone and for the Sexual Rights as basic and fundamental human rights.