• Title/Summary/Keyword: duty of care

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The Precaution Duty and the Product Liability for Adverse Reactions to the Contrast Media (조영제 부작용에 대한 주의의무와 제조물책임)

  • Kang, Yeong-Han
    • Journal of radiological science and technology
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    • v.30 no.4
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    • pp.305-311
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    • 2007
  • Contrast medium is a useful drug for radiological examinations and usability of it gradually increases while it has some inevitable adverse reaction and it is difficult to predict the occurrence and the degree of adverse reactions. Although the patient consented permission for the use of contrast media, the hospital could not be exempted from the responsibility for the adverse contrast media reaction. During radiological contrast media examination, the radiologist and the contrast media producer have the duty of precaution, prediction and avoid adverse results. In addition, they have reliabi lity of patient remedy for neglecting the duty. Since contrast medium are manufactured or processed as movable properties, the manufacturers are bound to the product liability if damages occur due to the defects in pharmaceuticals. In consideration of the characteristics of product liability, it is necessary to demand high degree of duty of care and diligence from producer or to reduce patient's burden of proof in a product liability lawsuit. For securing compensation ability and liability implementation, products compensation liability insurance is required for contrast medium manufacturers. In conclusion, contrast medium producer has legal liability for adverse reactions and the contract concluded with producer and hospital including legal liability will reduce liability of hospital and radiologist, patient.

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A study on the Shift of Burden of Proof in Medical Malpractice - Ruling of Jeonju Appellate Court 2017Na9346 - (의료과오소송에서의 증명책임에 대한 소고 -전주지방법원 2017. 7. 21. 선고 2017나9346판결-)

  • Lee, Soo-Kyoung;Yoon, Seok-Chan
    • The Korean Society of Law and Medicine
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    • v.22 no.2
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    • pp.49-79
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    • 2021
  • Due to defendant's wrongful act by implant surgery, plaintiff has been suffered serious damages to his face and teeth, and pain caused by establishing implanted teeth. Jeonju Appellate Court sentenced to pay future medical expenses and alimony to the plaintiff in compensation for breach of duty or torts. The ruling is designed to relieve the burden of proof because it is extremely difficult for non-experts to determine whether dentists violated their 'duty of care' or whether there was a causal relationship between damages to medial treatment. It was judged that if symptoms that contributed to the patient's significant outcome occurred during or after surgery, such symptoms could be presumed to have been caused by medical negligence if indirect facts were proven to be other than medical negligence. Originally, the shifting of burden of proof in Germany, has already been developed in medical malpractice case since 1940s. In order to guarantee the patients' right, §630h German Civil Code (BGB) - presumption of negligence in the realization of controllable risk- has been also legislated. BGH (Bundesgerichtshof) has been interested in ensuring that the principle of equality between patients and doctors. So, in this study, we wanted to refer to German precedent cases to analyzing Korean medical malpractice lawsuit. In particular, the decision could be significant in that it approaches closer to allows the shifting burden of proof in drastically growing dental malpractice cases. This is clearly confirmed in the judgment of the dentist's "fault" that "if indirect facts about the symptom or occurrence are proven to be cause other than medical negligence, such symptoms can be presumed to be due to medical negligence."

A Study of Staffing Estimation for Nursing Manpower Demand in Hospital (병원간호인력의 수요추정에 관한 연구 -환자분류체계에 의한 간호인력 수요추계의 방법을 중심으로-)

  • 김유겸
    • Journal of Korean Academy of Nursing
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    • v.16 no.3
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    • pp.108-122
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    • 1986
  • Changing concepts of health care, are stimulating the demand for health care, thereby orienting society to health care rights to such an extent that they are deemed as fundamental ones inalienable to man. Concomitantly, qualitative as well as quantative improvement is being sought in the nursing service field. Today, efforts are being made in various areas, especially to qualitatively improve nursing services. A second issue concerns proper staffing. It is important to study staffing, in as much as it continues to be the most persistent and critical problem facing hospital nursing administrators today. It involves quantity, quality, and utilization of nursing personnel. A great deal of attention has been focused on this problem since mid 1930's when nursing services began to be felt as an important segment of hospital operation representing the largest single item of hospital budgets. Traditionally, the determination and allocation of nursing personnel resources has relied heavily on gloval approaches which make use of fixed staff-to-patient ratios. It has long been recognized that these ratios are insensitive to variations between institutions and among individual patients. Therefore, the aim of this thesis is to point to the urgent need for the development of methodology and criteria suited to the reality of Korea. The present research selected one place, the W Christian Hospital, and was conducted over a period 10 days from January, and nurses who were them on duty in their unit. The total num-her of patients surveyed was 1,426 and that of 354. The research represents many variables affecting the direct patient care time using the result from the direct observation method, then using a calculation method to estimate the relationship between the patients care time and selected variables in the hospital setting. The amount of direct patient care time varies with many factors, such 89 the patients age. diagnosis and time in hospital. Differences are also found from hospital, clinic to clinic, ward to ward, and even shift to shift. In this research, the calculation method of estimating the required member of nursing staff is obtained by dividing the time of productive patient care activity(with the time of patient care observed), by the sum of the productive time that each the staff can supply, i.e., 360 minutes, which is obtained by deducting the time for personal activities. The results indicate a substantial difference between the time of productive patient care observed directing and the time of the productive patient care estimated using calculating method. If we know accurately the time of the direct patient care on a shift, there required number of staff members calculated if the proper method can be determinded should be able the time of the direct patient care be estimated by the patient classification system, but this research has shown this system to be in accurate in Korea. There are differences in the recommended time of productive patient care and the required number of nursing staff depending upon which method is used. The calculated result is not very accurate, so more research is needed on the patient classification system.

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Current Working Conditions for the Teachers in Child Care (보육교사의 처우 현황과 개선방안 : 보수 체계를 중심으로)

  • Hwang, Ock Kyeung
    • Korean Journal of Childcare and Education
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    • v.8 no.3
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    • pp.249-272
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    • 2012
  • This study has been carried out to suggest an improvement measure by analysing the current situation of the working condition for the teachers in child care. For this, governmental policy and law and relevant references in relation to the working conditions for the teachers have been collected for analysis. On the basis of the research, in order to improve the working condition for the teachers the following suggestions have been made: provision of salary system considered the level of qualification criteria and academic certificate, carrying out a raise in pay according to the salary class, requirement of written indication of a provision of allowance, increase of the initial salary for the principal of nurseries, observance of legislation for payment of excess duty allowance, elucidation of legislation for the salary of the teacher in unsupported nurseries and settlement of ratio of supporting personnel expenses from government.

Effect of Thought s of Suicide of Elderly that Care for a Chronic Invalid (노인의 자살생각에 영향을 미치는 생태체계요인 -중증만성질환자 돌봄 노인을 중심으로-)

  • Choi, Sin-Ae;Ha, Kyu-Soo
    • The Journal of the Korea Contents Association
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    • v.12 no.6
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    • pp.265-279
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    • 2012
  • In this study, I tried to find out the ecosystem factors which influence suicide thoughts of elderly that care for a chronic invalid. Ecosystem factors are consist of personal system, familial system and social system, tried to analysis ecosystem factors with characteristics of social population that influence suicide thoughts. For the study, I collected 274 samples from people of 55 year-old care a chronic invalid adults who reside of in Gyeonggi-do. I used factor analysis, reliability analysis, multi-regression, t-test, ANOVA with SPSS 18.0. The results are as follows. First, suicide thoughts had affected by personal characteristics and the duty of supporting selected independent variable. Second, familial system as familial characteristics and familial support had a strong influence on suicide thoughts by long-term care and deficient familial support. Third, the result of study, social support and participation of social activities apply as independent variable then every factors of social support are negative influence but participation of social activities are not influence.

The Ecological Variables Research on the Effect of Teacher's Happiness in Child Care Center (보육교사의 행복에 영향을 미치는 생태체계변인 연구)

  • Lee, Soon-Mi
    • Journal of the Korea Convergence Society
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    • v.8 no.11
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    • pp.423-430
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    • 2017
  • The purpose of research is analyzing the ecological variables on the effect of child care teacher's happiness. The data was collected by the survey of the happiness factors and ecological variables of child care teachers. The results are listed below. First, of organismic variable, the age and the educational background of child care teacher showed discrimination one's happiness. Second, of micro system variable, the marital status is the only thing that affect the happiness. Third, of meso system variable, the teachers who are highly interact on each other such as, child to teacher and parents to teacher are much happier than others. Finally, of the outside system variable, the teachers who are working at the better working environment and good quality of duty are much happier than others.

The Effect of a Childcare Education for First-time Mothers on Newborn Care Behavior and Confidence in Maternal Role (초산모를 위한 육아 교육이 어머니의 신생아 양육행동과 어머니 역할에 대한 자신감에 미치는 효과)

  • Lee, Ja-Hyung
    • Women's Health Nursing
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    • v.4 no.3
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    • pp.322-331
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    • 1998
  • The postpartum is a period of transition to motherhood where a childless woman transforms into a woman with children. Parents, especially mothers must perform an essential role of implementing instrumental and emotional care behaviors on part of the helpless, dependent, and immature infant. First-time mothers, however, suddenly face the responsibility of round the clock duty without neither parenting training during pregnancy, nor a time to gradually adapt to growing responsibilities after birth, with confusion and frustration as a result. Thus, after providing first-time mothers with childcare education as maternal role preparation, this study will try to examine its effects on childcare behaviors and confidence in maternal role during the early postpartum period. This quasi-experimental study using a nonequivalent control group non-synchronized design, was carried out from March 1995 to May 1996 to verify the effects of a childcare education program with first-time mothers who had vaginal delivery in Ewha University Hospital, Seoul, Korea, and collected data from 60 subjects who consented to the study. The education was given in the early postpartum period(48-72 hours after delivery) and to measure its effects, a posttest was done 4 weeks later with the results analyzed by SPSS shown in the following : 1. The childcare behavior score of the experimental group that had received the newborn care education was higher than the control group(t=3.5, P=.001). 2. The control group and the experimental group which had received the education showed no difference in degree of confidence in maternal role. 3. The higher the childcare behavior score, the higher the degree of confidence in maternal role was among the subjects(r=.56, P=.001). The preceding results are significant in that childcare practices can be promoted by providing child-care education to first-time mothers in the early postpartum period. Thus, this education can be used as a nursing intervention strategy in the early postpartum period.

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UK and Sweden Work-Family Policy on Work.Care Citizenship (노동권.부모권 관점에서 본 영국과 스웨덴의 일-가족양립정책)

  • Kim, Na Yeon
    • Korean Journal of Childcare and Education
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    • v.9 no.1
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    • pp.51-79
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    • 2013
  • This study was done to find out how women acquire their work citizenship through work-family reconciliation policies from the point of view of labour right and care right. This study investigated how labour right and care right, established by work-family reconciliation policies, are organized on a national level through the methods of socialization of the care such as the strategies of familization, de-familization, commodication and decommodication because paid labour and unpaid care work can be concretely embodied by such strategies. Actually in the care systems in the UK and Sweden, gender roles related to the responsibility for care was assumed differently. For that reason, the socialization of the care in these countries have been developed in a different way. And different results have been created from the two different countries in labour rights and care righst of man and women. The matter whether a society regards a woman as a laborer or caregiver especially has been an important starting point for the way in which social sharing of care develops. Work-family reconciliation policies stated in this study are very important factors. We can understand that care is not simply a duty of a man or a woman but an important human desire, which has to be granted to both a man and a woman as one of their own individual rights.

A Study on the Nursing Time in Nursing Units in Hospital to Applied Computer System (전산 시스템이 도입된 일개 종합병원 간호단위의 간호시간 산정에 관한 연구)

  • 장춘자;강익화;이은자;김병연;이민숙
    • Journal of Korean Academy of Nursing
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    • v.25 no.3
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    • pp.441-456
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    • 1995
  • This study was done to determine direct and in-direct nursing time in nursing units in hospital to ap-plied computer system and expect that those results contribute to measure efficiency of nursing practice and planning of nursing manpower. The design for study was a descriptive study. The study results are as follows. 1. Patients admitted to the Internal Medicine and General Surgery units were grouped into four. Group Ⅰ, 32.9% of the total patients, consisted patients whose condition was considered minor Group Ⅱ, 26.1%, was of those whose condition was considered moderate, Group Ⅲ, 41. 8%, moderate severe and Group Ⅳ, 29.2% the most severe. 2. Nursing intervention times by care type were as follows four minutes spent for suction eight minutes, for simple position change, ten minutes, for sheet change, seven minutes for a hot or cool compress, six minutes for dressing change, four minutes for Ⅰ.M. injection, six minutes for patient health education and five minutes for body temperature check. 3. Direct care time by patient group revealed the following : Group Ⅰ rquired 191.4 minutes, Group Ⅱ required 331.1 minutes, Group Ⅲ rquired 499.4 minutes, and Group Ⅳ rquired 1328.0 minutes. 4. The ratio of time for adequate nursing care and direct care time in the Internal Medicine and Goneral Surgery units was 67.4%-83.4% and 94.7%-99.3% in the Intensie Care Unit. 5. Average daily direct care time per patient was 5.5 hours in the Internal Medicine unit and 11.5 hours in the Intensive Care Unit. 6. Time spent in indirect care was 48.3 minutes for computer recording,34.8 minutes for giving and receiving patient information for shift duty, 28.0 minutes for eating and resting time, 26.6 minutes for transfering and identifying patients, 25.6 minutes for identifying Doctor's order, 23.9 minutes for recording vital signs. 7. Time spent in indirect care was 282.2 minutes by head nurses (charge nurses), 258.7 minutes by nurses and 261.6 minutes by nurse aids. 8. The average nurse's workload was 9.3 hours and daily indirect nursing time required 46.3%-50. 5% of above mentioned workload time. .9. The average daily indirect care time per patient was expected to be 57.7 minutes in the Internal Medicine unit and 3.3 hours in the Intensive Care Unit.

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A Study on the Awareness of Health and the Utilization of Primary Health Care in Rural Areas (일부 농촌지역주민의 보건의식과 일차의료 이용 실태에 관한 조사)

  • Wie, Cha-Hyung;Kwak, Jung-Ok
    • Journal of agricultural medicine and community health
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    • v.20 no.1
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    • pp.51-60
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    • 1995
  • This study was to examine the awareness of health and the utilization of primary health care in rural areas. The data were obtained from self-administered questionnaire conducted 450 parents of Mi Gum md Su Dong middle school students in Nam yang Ju city, Kyung Gi-Do, Korea, from December 15 to 20 in 1993. The results were as follows : 1) Among the causes of disease, 'insufficient health care' was the highest(39.1%), and 'bad environment'(28.9%), 'complexity of life style'(17.8%) in next order. 2) In the priority between 'daily farm work' and 'primary health care', only 45.6% of respondents answered that primary health care is more important than the daily farm work. The 29.8% of respondents answered 'daily farm work', and the 23.1% answered 'the equal of the both'. 3) The 63.6% of the respondents recognized correctly, the meaning of primary health care. And the rate of information source in primary health care were 'TV and Radio'(42.2%), 'medical facilities'(23.3%), and 'newspaper and magazine'(11.3%) in order. 4) In the choice rate of medical facilities for primary health care, 'drug store' was the highest(34.9%), and 'local private clinic'(34.7%), 'health (sub)center'(15.8%), 'hospital'(10.2%) in next order. 5) The 53.5% of the respondents had experienced to visit the health (sub)center more than once. And the disfavorite reasons of health (sub)center were 'insufficient equipment'(36.7%), 'inavailable time to visit'(26.9%), and 'poor treatment'(9.1%). 6) Among the preference of the physicians for primary health care, 'specialist' was the highest rate of the respondents(54.2%), and 'general practitioner'(32.4%), and 'family doctor'(9.8%) in next order. The major obstacles in utilizing the medical facilities for primary health care were 'daily farm work'(41.6%), 'distance'(21.1%) and 'medical cost'(10.4%) in order. 7) The weakened reasons in health (sub)center function were 'insufficient medical equipment'(44.4%), 'the lack of resident's understanding for health (sub)center'(21.8%), and 'short thought of duty in health (sub)center personnel'(16.9%) in order.

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