• Title/Summary/Keyword: Patient rights

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A Criticism Regarding the Medical Rationale of Nucleoplasty Studies for Internal Disc Disruption (수핵성형술(Nucleoplasty)을 이용한 디스크 내장증(Internal Disc Disruption)의 치료 연구들의 의학적 논거에 대한 비판)

  • Hong, Youngki
    • The Journal of the Korea Contents Association
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    • v.22 no.9
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    • pp.570-582
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    • 2022
  • Nucleoplasty is a type of percutaneous disc decompression that has been developed to treat herniated intervertebral discs. Currently, in some clinics, researchers have also applied this procedure to patients with internal disc disruption, apart from the originally intended usage on herniated intervertebral discs. The purpose of this study is to evaluate the feasibility of this extended use based on medical logic. To achieve this, the author analyzed case studies on performing nucleoplasty on patients with internal disc disruption. The main points of the analysis are, first, the validity of the treatment evidence presented by the researchers and, second, the relevance of the patient selection criteria. As a result, it is judged that the therapeutic rationale of existing papers applying nucleoplasty to the treatment of internal disc disruption is unclear or inconsistent with general medical logic, and in the process of patient screening, discs that may be deemed inappropriate for percutaneous decompression are included. Therefore, the author believes that existing studies applying nucleoplasty to the treatment of internal disc disruption have the nature of somewhat adventurous experiments that are unnecessary or can cause potential side effects. In order to uphold patients' rights and improve the completeness of the study in the research process on this topic, the author thinks that it is essential to establish clearer therapeutic evidence than the current level of understanding and to have an elaborate patient screening process based on it.

A Study on Recent Discussions ahout the Pysician's Explanation in Medical Litigation (의료소송에서 의사의 설명에 대한 최신 지견)

  • Baek, Kyounghee
    • The Korean Society of Law and Medicine
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    • v.24 no.4
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    • pp.37-63
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    • 2023
  • In medical litigation, there are various cases where a doctor's 'explanation' of a patient becomes problematic. Medical explanations and guidance are required from the doctor, starting from the beginning of diagnosis, through treatment processes such as surgery, when hospitalization is necessary for treatment, during hospitalization, upon discharge, and after discharge. Furthermore, notification from the doctor or medical institution may be requested regarding the economic costs that will be incurred due to medical treatment. South Korea's judiciary has been developing legal principles regarding such doctor's explanations by distinguishing between explanations for obtaining consent for medical treatment and medical explanations related to guidance on patient treatment methods, taking into account related laws such as the stage of treatment and the Medical Service Act. Additionally, the Constitutional Court recently ruled on the non-benefit cost notification system linked to the explanation of economic costs. However, holding a doctor accountable solely because the doctor's explanation was insufficient has aspects that do not correspond to the actual situation in clinical reality, and may have a reflexive disadvantage that results in a decline in legal rights. Therefore, the doctor's explanation needs to be examined from both perspectives: guaranteeing the patient's right to self-determination and protecting his or her right to decision.

The Anticommons: BRCA Gene Patenting Controversy in the United States (유전자와 생명의 사유화, 그리고 반공유재의 비극: 미국의 BRCA 인간유전자 특허 논쟁)

  • Yi, Doogab
    • Journal of Science and Technology Studies
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    • v.12 no.1
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    • pp.1-43
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    • 2012
  • This paper examines the American Civil Liberties Union(ACLU)'s recent legal challenge on patents held by Myriad Genetics on two genes (BRCA1 and BRCA2) associated with a high risk of breast and ovarian cancer. Instead of analyzing the ACLU's objections to the BRCA patents in terms of its legal technicalities and normative ethical principles, this paper seeks to situate this legal case in the broader historical context of the shifting understanding of the relationship between private ownership, economic development, and the public interest in academic sciences. This paper first briefly chronicles a series of scientific developments and key legal decisions involving patenting of life forms, including genetically engineered micro-organisms animals and biological materials of human origins like cell cultures and genes, that led to the US Patent and Trademark Office(USPTO)'s official guidelines on human gene patenting in 2001. At another level, this paper analyzes the expansion of the scope of intellectual property rights in the life sciences in terms of shifting economic and legal assumptions about public knowledge and its role for economic development in the 1970s. I then show how these economic, legal, and ethical ideas that linked private ownership and the public interest have been challenged from the 1990s, calling for revisions in intellectual property laws regarding a wide array of life forms. The tragedy of the anticommons in human gene patenting, according to ACLU, has severely undermined creative scientific activities, medical innovations, access to health care and rights to life among cancer patient groups. ACLU's objection to human gene patenting on several US-constitutional grounds in turn suggests issues regarding intellectual property are critically linked to vital issues pertinent to the creative communities in arts and sciences, such as free exchange of ideas, censorship and monopoly, and free expression and piracy etc.

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Staged Improvement in Awareness of Disease for Elderly Cancer Patients in Southern China

  • Li, Xing;Dong, Min;Wen, Jing-Yun;Wei, Li;Ma, Xiao-Kun;Xing, Yan-Fang;Deng, Yun;Chen, Zhan-Hong;Chen, Jie;Ruan, Dan-Yun;Lin, Ze-Xiao;Wang, Tian-Tian;Wu, Dong-Hao;Liu, Xu;Hu, Hai-Tao;Lin, Jia-Yu;Li, Zhuang-Hua;Liu, Yuan-Chao;Xia, Qing;Jia, Chang-Chang;Wu, Xiang-Yuan;Lin, Qu
    • Asian Pacific Journal of Cancer Prevention
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    • v.16 no.15
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    • pp.6311-6316
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    • 2015
  • Background: In mainland China, awareness of disease of elderly cancer patients largely relies on the patients' families. We developed a staged procedure to improve their awareness of disease. Materials and Methods: Participants were 224 elderly cancer patients from 9 leading hospitals across Southern China. A questionnaire was given to the oncologists in charge of each patient to evaluate the interaction between family and patients, patient awareness of their disease and participation in medical decision-making. After first cycles of treatment, increased information of disease was given to patients with cooperation of the family. Then patient awareness of their disease and participation in medical decision-making was documented. Results: Among the 224 cancer elderly patients, 26 (11.6%) made decisions by themselves and 125 (55.8%) delegated their rights of decision-making to their family. Subordinate family members tended to play a passive role in decision-making significantly. Patients participating more in medical decision-making tended to know more about their disease. However, in contrast to the awareness of disease, patient awareness of violation of medical recommendations was reversely associated with their participation in medical decision-making. Improvement in awareness of diagnosis, stages and prognosis was achieved in about 20% elderly cancer patients. About 5% participated more actively in medical decision-making. Conclusions: Chinese elderly cancer patient awareness of disease and participation in medical decision-making is limited and relies on their family status. The staged procedure we developed to improve patient awareness of disease proved effective.

Bioethical Perception between Nursing Students and Medical Students (의료계열 대학생들의 생명 윤리 의식)

  • Ahn, Hye-Young;Cho, Byung-Sun;Choi, Sook-Heui;Choi, Won;Go, Yu-Mee
    • The Journal of Korean Academic Society of Nursing Education
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    • v.14 no.1
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    • pp.98-107
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    • 2008
  • Purpose: The purpose of this study was to provide basic data which is necessary for educating nursing and medical students for establishing a desirable sense of ethics values Method: In this descriptive research, a total of 140 nursing students and 124 medical students were selected. The tools used for data analysis were descriptive statistics, t-test, one-way ANOVA, and Scheffe test by using SPSS/WIN 12.0 version. Result: When the differences in the consciousness of biomedical ethics of nursing and medical students were compared, statistically significant differences were found in the category of brain death (t=-3.26, p=.001). Statistically significant differences were found in the general characteristics of religion (F=3.05, p=.018), and participation in religious activity (F=3.34, p=.006). Statistically significant differences were found in the characteristics related to the subjects' ethical values such as satisfaction level of a nurse/doctor (F=7.39, p=.000) occupation, the experience of A Patient's Bill of Rights (F=2.97, p=.020), the intention to attend biomedical ethics (F=5.61, p=.000), and the possibility of increasing ethical problems according to the development in the field of medical science (F=7.92, p=.000). Conclusion: An effort should be made to overcome the differences in the perception of biomedical ethics between nursing students and medical students. Moreover, when investigating the course of an integrated education for the establishment of a desirable sense of biomedical ethics, an alternative plan that could promote ethical values must be considered so that the significant variables can promote bioethical perception.

Study on Alternative Medicine in Cancer Therapy (서구(西區) 대체의학(代替醫學)의 암(癌) 치료(治療)에 관(關)한 연구(硏究))

  • Yoo, Hwa-Seung;Lee, Yong-Yeon;Seo, Sang-Hoon;Choi, Woo-Jin;Cho, Jung-Hyo;Lee, Yeon-Weol;Son, Chang-Kyu;Cho, Chong-Kwan
    • THE JOURNAL OF KOREAN ORIENTAL ONCOLOGY
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    • v.6 no.1
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    • pp.125-148
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    • 2000
  • At here, we investigated the historical background, current stage, and concrete therapies of alternatives in cancer therapy. We obtained the conclusion below. 1. Alternative medicine(AM) is a unothodoxial medical physiology, medical practice or intervension that overcome the side effects, faults, limits of coventional medicine. 2. Recentely, as emerging New-age movement, collapse of Decarte's mecanical cosmology, and emphasis on patient rights, the interest of AM is increased, and foreign & domestic use rates of AM are risen. 3. After coventional medicine in cancer therapies that depends on operations, radiations, and chemotherapy is bounded, Alternatives in cancer therapy are rapidly developed, and the majority of users are often considered satisfactory. 4. Alternatives in cancer therapy are classified six boundaries; Diet and Nutrition, Mind-body Technique, Integrated System, Pharmacologic and Biologic treatments, Immuno Enhanced Therapy, Natural and herbal medicine. 5. Looking at contents of Alternatives in cancer therapy, we get to know most of them are similar to the treatment of oriental medicine in holistic method, therapy, philosophy. If we synthesize the alternative medicine's treatment mentioned above and investigate it with oriental medical viewpoint, that may help us approach the conquest of cancer and improve the rate of cure. 6. It is certain that foreign AM will be imported reversely, and we must prepare for rebuilding of Korean traditional AM systemically, investing for activity positively, making national policy for medical system.

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Secure Healthcare Data Management and Sharing Platform Based on Hyperledger Fabric (하이퍼레저 패브릭 기반의 안전한 헬스케어 데이터 관리 및 공유 플랫폼 개발 연구)

  • Choi, Ye-Jin;Kim, Kyoung-jin
    • Journal of Internet Computing and Services
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    • v.21 no.1
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    • pp.95-102
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    • 2020
  • In this paper, we present a healthcare data integration management and sharing platform based on a permissioned blockchain-based system called the Hyperledger fabric. The Hyperledger fabric allows patients to easily access their data, share the data with agencies that need it, and also reward participants. The healthcare data is stored in the blockchain by a de-identification process. Privacy is protected by setting detailed access rights to the stored data. The proposed model provides higher security than other models using a public blockchain. This study confirms that patient data can be stored more securely, by comparing the data stored in the blockchain with that from existing information storage methods.

RNSXI(real-name shooting X-ray of inspector) Settlement Realization applying PACS Database, In Digital Medical environment (PACS Database를 활용한 촬영실명제 정착화 실현)

  • Kang, Ji-Youn;Lee, Lae-Gon;Kang, Doo-Hee;Lee, Hwa-Sun;Hwang, Sun-Gwang
    • Korean Journal of Digital Imaging in Medicine
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    • v.9 no.2
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    • pp.5-9
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    • 2007
  • As developing the medical treatment image portion with the change of these times, PACS, which is able to digitalize image portion data, has a lot of data-based image data. Applying this PACS, we would like to settle down RNSXI(real-name shooting X -ray of inspector) system. We interviewed with P ACS's operators of university hospitals which is using PACS in Seoul about the present conditions whether using of RNSXI or not. And we inquired the RNSXI equipments, applying PACS database, and Interface conditions undertook to do in our hospital. All university hospitals in Seoul are set up the P ACS system. But no hospital use the RNSXI. In our hospital, we can check inspector' name or initials who exposure x-ray with the PACS Viewer by looking over equipments(CR, DR, US, MG, MR, CT) and Interface of the DICOM Header data. However, some equipments like RF and Angio can not check inspector' name or initials. Under the Film/System environment, RNSXI system has been used frequently like that inspector's signature or initial added to a patient data. Though the digital medical treatment was developed, RNSXI system was declined. It is necessary to using RNSXI system in order to improving radiologists' rights, even if it is not under the application of the medical treatment image laws. If RNSXI system use, radiologists should specialize in their major and the Repeat rate should be reduced. In environment of PACS, RNSXI system can be used by linking both the equipments and the Interface with a production enterprise of P ACS. Therefore RNSXI system applying the P ACS datebase should settle down in our medical system for being provided lots of data.

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The lived experience of nursing care for the dying patients in clinical nurses (임상간호사의 임종환자 간호체험)

  • Kang, Sung-Ye;Lee, Byung-Sook
    • Journal of Korean Academy of Nursing Administration
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    • v.7 no.2
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    • pp.237-251
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    • 2001
  • It is important for nursing managers to understand the lived experience of nursing care for dying patients in clinical nurses for the effective management of them. The purpose of this Phenomenological study was to explore the lived experience of nursing care for the dying patients in clinical nurses and identify the meaning and structure of their lived experience. This study was conducted from 1 of June, 2000 to 1 of November, 2000. Data were collected with several in-depth interviews until data were fully saturated, from 1 of June, 2000 to 10 of September, 2000. The Subjects were five nurses who had more than three-year job experience in caring for dying patients, three protestant christians and two atheists, one married and four unmarried persons. The range of their age was from 28 to 36. Data were analysed by the Colaizzi's methodology. Ten themes were extracted from fifty-one fomulated-meanings. Fomulated-meanings were extracted from the restatements and the significant-statements which were deriven from the raw data. Finally ten themes took form of five structures. Five structures of 'The lived experience of nursing care for the dying patients in clinical nurses' were : 1. Experiencing guilty feeling and anger due to their and other's manneristic and ignored attitude toward dying patients 2. Feeling heartily the necessity of the education of hospice care because of their incompetence due to lack of knowledge of hospice care 3. Recognizing the human rights of dying patient's thinking themselves and their families 4. Felling satisfaction with their nursing accomplishments and reflecting their life through nursing care of the dying patients 5. Experiencing low self-respect due to the other's negative perspective toward their job The results of the study would give useful information to nursing managers to understand the lived experience of nursing care for dying patients in clinical nurses and establish adequate strategies to support them.

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Ethical Dilemma and Professionalism of Long-term Care Hospital Nurses (요양병원 간호사의 윤리적 딜레마와 전문직업성)

  • Choi, Eun-Young
    • The Journal of the Convergence on Culture Technology
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    • v.4 no.1
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    • pp.153-163
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    • 2018
  • The purpose of this study was to investigate nurses' ethical dilemma and professionalism in long-term care hospitals. Participants in this study were 210 nurses working in 14 long-term care hospitals. Data analysis was done using SPSS / WIN 24.0 program. As a result of this study, the ethical dilemma of the nurse was moderate. The highest sub-area was 'nurse-patient relationship' and 'respect of life and human rights' was the lowest sub-area. The professionalism of the subjects was moderate, and the score of 'sense of mission' area was the lowest. Nursing ethics guidelines should be developed that reflect the ethical dilemma of nurses in long-term care hospitals, and will provide the right values for the ethical dilemma that nurses face in their workplace. When planning the nurses' professionalism education, it is necessary to have a strategy to enhance the sense of mission by emphasizing beliefs and values about nursing care.