• Journal of Korean Medical classics
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• v.11 no.2
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• pp.170-202
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• 1998

Lee Shi Zhen(李時珍) raised a question in argument on the writer of Bao Ming Shi(保命集), which had been believed to be written by Liu Wan Su(劉完素), arguing that Bao Ming Shi(保命集), also called Huo Fa Ji Yao(活法機要), was written by Zhang Yuan Su(張完素). There were three representative arguments on the writer of Bao Ming Shi(保命集). One suggested that it was written by Zhang Yuan Su(張完素) while the other argued that it was definitely written by Liu Wan Su(劉完素). And another suggested thai it was edited by posterity by combinding the works of the former two miters. After this study, it was found that Bao Ming Shi(保命集) has Liu Wan Su(劉完素) and Zhang Yuan Su(張完素)'s unique medical thoughts in many descriptions resulting in controversial dispute. Through these arguments, a new hypothesis has been made that the third person who had studied Liu Wan Su(劉完素) and Zhang Yuan Su(張完素)'s medical thoughts wrote Bao Ming Shi(保命集). Liu Wan Su(劉完素) and Zhang Yuan Su(張完素) were quite different in medial thoughts and their works and they found different school, respectively. Therefore, if Bao Ming Shi(保命集) was written by Liu Wan Su(劉完素) or Zhang Yuan Su(張完素), it is impossiple that Bao Ming Shj(保命集) has the two medical thoughts in many descriptions. So, it is regarded reasonable to argue that the person who had aquainted with the two medical thoughts wrote this book. Then enother question can be raised : why the persion wrote Bao Ming Shi(保命集) which integrated the two medical thoughts and. The answer is as follows. Liu Wan Su(劉完素) and Zhang Yuan Su(張完素) became the rounders of He Jian(河間) school and Yi Shui(易水) school, respectively, which have considerably affected later generations, suggesting advanced medical theory. The medical thoughts suggested by the two were sure advanced compared with the former generation, but subjective and biased enough be critisized. So, it is thought that the third person wrote Bao Ming Shj(保命集) to recover those demerits and to describe more advanced medical theory. Zhongyi Xueshushi(中醫學術史) suggests that posterity edited Bao Ming Shi(保命集) by combinding Liu Wan Su(劉完素) and Zhang Yuan Su(張完素)'s works, which is different flam my suggestment. In above description, it is said that the two medical thoughts were quite different, but Bao Ming Shi(保命集) has well-understood medical thoughts containing the two medical thoughts in chaptor to chaptor, and well coincides from cover to cover, which shows that it is written by one person not edited by posterity. My hypothesis can admit other arguments on the writer of Bao Ming Shi(保命集), recover the bias of those argument and solve the questions raised in other arguments. Therefore, I suggest that the person, who was well aquainted with Liu Wan Su(劉完素) and Zhang Yuan Su(張完素)'s medical thoughts, wrote Bao Ming Shi(保命集) to describe more advanced and complete medical theory by amending the bias and taking the merits of the two medical thoughts.

• The korean journal of orthodontics
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• v.29 no.1 s.72
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• pp.1-22
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• 1999

As people are more concerned about their health and medical care, there have been an increasing number of medical disputes due to increased medical demand. In order to prevent and provide solution to currently surging medical accidents and disputes related to orthodontic treatment, in July 1998, the Korean Association Of Orthdontists surveyed 2,200 members of Korean Association of orthodontists on 30 items to recognize the pattern of medical accidents and prevent them. The survey was about accident-related items including personal profiles of members and patients who have undergone medical accidents or disputes, the cause and solution to the accidents, cautions related to members orthodontic treatment, and medical recording and archival. Based on the survey result, we analyzed characteristics of medical accidents and disputes in orthodontic area. It is more important to predict and prevent possible medical accidents or disputes based on current situation than to solve them after disputes occur. For this, we should not be negligent in raising treatment proficiency level based on patient-doctor trust and in obtaining new medical information. We should also provide medical environment where Patients themselves can decide whether to get treatment after they are offered detailed explanation on diagnosis, treatment procedure, complication, and possible hazard. We should take caution when treating patients and pay attention to charting and maintenance, which is the most fundamental, as well. Also at the Korean Association of orthodontists level, it is desired to provide education program on prevention and solution to medical accidents and disputes, and actions and organizations that can help when accidents and disputes occur.

• The Journal of Korean Medical History
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• v.26 no.2
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• pp.175-185
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• 2013

Purpose : The current Medical Law and the Pharmaceutical Affairs Act, which are incapable of utilizing the research results and the advanced academic, clinical, and pharmaceutical system of the present-day Korean (Oriental) medicine, have limitations and create a paradox by provoking social conflict among the professionals in the field. The aim of this study was to find out the legal and systematic problems that contributed to a complicated conflict amongst Korean (Oriental) medicine doctors, doctors, pharmacists, and Korean (Oriental) pharmacists regarding the classification of their functions. Methods : We reviewed the history and characteristics of the legislation regarding the duties of Korean (Oriental) medicine doctors and Korean (Oriental) pharmacists as well as the relevant and important public health policies since the enactment of the National Medical Services Law in 1951. We focused on the laws and regulations that are made in the process of the separating functions of physicians and pharmacists and the dispute between the Korean (Oriental) medicine doctors and the Korean (Oriental) pharmacists in the 1990s and 2000s. Results : The legislations and amendments of the medical and pharmaceutical laws and regulations that reflect the modern academic, clinical, and pharmaceutical system of the Korean (Oriental) medicine and the research results could be summarized as follows: 1) A partial amendment of the Medical Law in 1987, which added the provision of "Oriental health guidance" as one of the duties of Korean (Oriental) medicine doctors, assured a place for Korean (Oriental) medicine doctors in the field of public health. 2) A partial revision of Pharmaceutical Affairs Act in 1994 established a new system for Korean (Oriental) pharmacists, bringing about the creation of dualistic pharmaceutical system that complements the dualistic medical system. 3) The Promotion of the Research and Development of Wonder Drugs by Using Natural Substances Act was legislated in 2000 in order to stimulate research and development of Korean (Oriental) medicine and its industrialization. 4) Oriental Medicine Promotion Act in 2003 was enacted to lay foundation to specify and promote technology and industry that are related to Korean (Oriental) medicine. Discussions and conclusions : Although the dualistic medical and pharmaceutical system is set up by the Medical Law and Pharmaceutical Affairs Act, it is shown that the relevant regulations have been developed from a perspective of the western medicine.

• Journal of Korean Neurosurgical Society
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• v.61 no.4
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• pp.474-477
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• 2018

Objective : From November 30, 2016, the Korean Government carried the revised Medical Dispute Mediation and Arbitration Act into effect. Mediation will start automatically without agreements of the defendant, when the outcome of the patient was death, coma more than a month or severe disability. Cerebral aneurysm has a definite risk of bad outcome, especially in the worst condition. Any surgical intervention to this lesion has its own high risk of complications. Recently, Seoul central district court decided 50% responsibility of the doctors who made a rupture of the aneurysm during coiling (2015Ga-Dan5243104). We reviewed judicial precedents related to cerebral aneurysms in lawsuit using a web search. Methods : We searched judicial precedents at a web search of the Supreme Court, using the key words, "cerebral aneurysm". Results : There were 15 precedents, six from the Supreme Court, seven from the High Court, and two from district courts. Seven precedents were related to the causation analysis, such as work-relationship. Five precedents were malpractice suits related bad results or complications. Remaining three precedents were related to the insurance payment. In five malpractice precedents, two precedents of the Supreme Court reversed former two precedents of the High Court. Conclusion : Judicial precedents on the cerebral aneurysm included not only malpractice suits, but also causation analysis or insurance payment. Attention to these subjects is needed. We also need education of the independent medical examination. To avoid medical disputes, shared decision making seems to be useful, especially in cases of high risk condition or procedures.

• The Korean Society of Law and Medicine
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• v.25 no.1
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• pp.61-86
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• 2024

The purpose of this study was to investigate the importance of continuous and detailed follow-up of patients after spinal surgery by reviewing the literature on epidural hematoma and the lower court ruling on lumbar MRI during the judgment on the negligence of postoperative follow-up. In the case of neglecting MRI examination or cooperation after surgery, delaying MRI examination after pain and symptom appeal after surgery, and returning home immediately after neurological symptom development after surgery, negligence in progress observation was recognized. In the case of the case where the negligence was not recognized even after the occurrence of the aftereffects by taking measures against the symptoms, and the case where the scope of the doctor's discretion for the execution of the test was recognized, It is hoped that this study will help prevent medical accidents and disputes related to follow-up after spinal surgery by increasing awareness of the importance of prompt MRI examination, diagnosis, surgical treatment, and power, especially in the case of new neurological symptoms.

• The Korean Society of Law and Medicine
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• v.20 no.1
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• pp.243-279
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• 2019

During the main ruling in 2018, it is difficult to find a new judiciary, which is understood to be due to a certain degree of jurisprudence established and focusing mainly on contentious disputes within the framework of damages. The cases in which the court's judgment is reversed helped to understand the reason and the judiciary, and it was confirmed that the dispute in the medical lawsuit became more and more intense. Decisions on responsibility restrictions and medical records were also noticeable, with a significant increase in the number of verdicts relating to the doubt about medical records. This is considered to be part of the increasing number of cases in which the parties raise questions about medical records, and several cases were categorized and introduced at this opportunity. We also introduce the case of forced discharge of long-term hospitalized patients and medical fee bill, because it was judicial interest after the Supreme Court ruling that the cost of treatment for the after-effects of medical malpractice can not be claimed to the patient.

• The Journal of Korean Medical History
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• v.26 no.1
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• pp.41-53
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• 2013

In this paper, King Kyung-Jong's strange diseases which had been exacerbated by the Sinim-Sahwa(辛壬士禍) are researched and discussed. The subject will be described mostly based on health and medical records from "The Daily Records of Royal Secretariat of Chosun Dynasty(承政院日記)" and "The Annals of the Choson Dynasty(朝鮮王朝實錄)". Sinim-Sahwa had occurred for two years. It is thought that the beginning of it was 'a controversy on a proclamation of a crown prince, Yeon Ing Goon'. At the first year of Kyung-Jong's ruling, August 21, the No-Ron demanded a king's heir be decided as soon as possible, the king asked Yeon Ing Goon as his successor because of his 'strange diseases'. In October of the same year, the conflict between No-Ron and So-Ron parties reached its peak after a dispute about 'regency from behind the veil for the crown prince' at that time. Kyung-jong added that he had a mysterious and heavy disease and there was little hope to recover from it. Some opposing courtiers emphasized the king was in his good health and there weren't any actual diseases he suffered. But Kyung-Jong stubbornly persisted the diseases he had were so heavy that he couldn't get well readily. In detail, he announced his disease had so deeply rooted in internal organs that he could feel some kind of heat and fire arousal form his heart, then rage and resent soaring. Eventually, on 16th, the No-Ron party followed the king's demand, thus the king's health and illness condition itself was gradually getting off the subject. It seems that Kyung-jong's strange diseases was hwa-byung(火病). His symtoms are similar to the symtoms of hwa-byung. Environment he lived, was enough to cause hwa-byung. as a result, Sinim-Sahwa was the event what his hwa(火) was erupted.

• Journal of Physiology & Pathology in Korean Medicine
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• v.19 no.1
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• pp.8-14
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• 2005

This paper is mainly on the medical comments in ${\ulcorner}$Sanbeon-bang(刪繁方)${\lrcorner}$. Among the medical comments in ${\ulcorner}Sanbeon-bang{\lrcorner}$, the Ojang-noron(五臟勞論) which deals with the Hanyeolheosil(寒熱虛實) of Ojang(五臟) and Yukgeuknon(六極論) which deals with the Hanyeolheosil of 'Geun-Maek-Yuk-Gi-Gol-Jeong(筋脈肉氣骨精)', remain perfectly. By way of these theories, it argues on various types of pathogenic states and syndromes. Related to the Ojang-noron, ${\ulcorner}Sanbeon-bang{\lrcorner}$ suggests a characteristic tonifying method which is 'Exhaustion syndromes should tonify the son organ(勞則補子法)'. It is the supplement of traditional 'Reinforcing the mother organ when treating cases of deficiency(虛則補其母)'. With the Ojang-noron, the comments about 'Samcho(三焦)' remain relatively intact in ${\ulcorner}Sanbeon-bang{\lrcorner}$. The contents are based on ${\ulcorner}$Yeongchu Yeongwisaenghoe(靈樞 營衛生會)${\lrcorner}$, combined the contents of ${\ulcorner}$Nangyeong 31st difficulty(難經 三十一難)${\lrcorner}$ and the meridian line in ${\ulcorner}$Yeongchu Gyeongmaek(靈樞 經脈)${\lrcorner}$. They were quoted untouched in ${\lrcorner}Cheongeumyo-bang{\lrcorner}$ by Son Sa-mak, and became the fundamental structure of Samcho-theory of after ages. Among the medical comments in ${\ulcorner}Sanbeon-bang{\lrcorner}$, there has been much dispute over the problem about 'Chu-Tae-eum(秋太陰), Dong-So-eum(冬少陰)'. This study will pay attention to the connection between Wang Bing's views of ${\ulcorner}Sanbeon-bang{\lrcorner}$ for compilation of ${\ulcorner}Chaju-Hwangje-Naegyeong-Somun{\lrcorner}$ and the original ${\ulcorner}Sanbeon-bang{\lrcorner}$. Judging from this study, Wang Bing may have referred to ${\ulcorner}Sanbeon-bang{\lrcorner}$, ${\ulcorner}Oedaebiyo-bang{\lrcorner}$ or another medical book of similar stock, and from this he may have reconstructed the attribute of Eum-Yang(陰陽) which is related to Pye and Sin. Wang Bing's disciples may have referred to ${\ulcorner}Sanbeon-bang{\lrcorner}$, or with Wang Do, the writer of ${\ulcorner}Oedaebiyo-bang{\lrcorner}$, building up the main medical current in those days.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.185-210
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• 2021

On September 24, 2021, the new provisions(Article 38-2 of the Medical Service Act) mandatory CCTV installation in operating rooms where the unconscious patient is operating such as general anesthesia. The revised medical law aims to effectively prevent illegal activities that may occur in the operating rooms and to promote appropriate resolution to medical dispute. According to the law, medical institutions operating unconscious patients, such as general anesthesia, must install CCTVs in the operating rooms by September 25, 2023, and film surgical scenes only at the request of patients and their guardians, regardless of the consent of the medical personnel. The bill delegated the legislative device to minimize infringement of fundamental rights to subordinate statutes without stipulating it in the law.(Article 38-2(10)) The most realistic policy plan to minimize the infringement of the fundamental rights of patients is to prepare specific regulations. Therefore, this study examines the legislative background and main contents of the amended CCTV installation bill, and suggests issues to be reviewed when preparing subordinate statutes by analyzing major issues. It was reviewed based on compliance with the principle of minimizing infringement of fundamental rights of information subjects in the operating rooms. The information subjects of CCTV are health professionals and patients. Suggesting issues should be considered when preparing subordinate statutes so that the purpose of the CCTV installation law can be achieved while minimizing infringement of right of self-determination of personal information, personality rights, and human rights. It is hoped that this paper will be referred when discussing subordinate statutes and regulations to contribute minimizing infringement of fundamental rights.

• Journal of Korean Academy of Dental Administration
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• v.5 no.1
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• pp.13-21
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• 2017

Objective: To understand the experience of medical accidents and disputes according to clinical career of dental hygienists. Methods: A self-administrated questionnaire survey was conducted from May 2012 to June 2012 targeting 313 dental hygienists in Gyeongsangnam-do, Republic of Korea. Data were analyzed by descriptive analysis, χ2-test, and one-way analysis of variance (ANOVA). Collected data were analyzed using SPSS 18.0. Results: 1) The group who had more than 6 years of clinical experience experienced complaints from patients (70.3%) and dental hygienists duty (30.7%); 2) Complaints were related to diagnosis, dental treatment instruments and materials, scaling, impression preparation, and prosthodontics. Pediatric patients had significantly more complaints compared to other patients. Overall, there were more frequent cases in the group with over 6 years of clinical career; 3) For the psychological state after experiencing patients' complaints, 'the process is difficult, but I forget after thinking it could be happen' had 160 respondents. Among them, 38.1% had clinical experience of more than 6 years, 37.5% had less than 3 years, and 24.4% had clinical career of 3~6 years; 4) About 73.6% of those had 3~6 years of clinical career answered that 'sometimes it is doubtful' on the issue of medical accidents and conflicts on prevention education of dental hygienists that 'there is a doubt about the issue of medical treatment or the occurrence of disputes'. About 60.0% of those who had less than 3 years of clinical experience answered that it was highly 'necessary but not urgent' on the necessity of preventive education, while 87.1% of those who had more than 6 years of clinical career answered that it was highly 'necessary but not urgent' on the necessity of preventive education. The difference between the two was not statistically significant. Conclusions: It is necessary and urgent to provide education related to prevention and countermeasures against malpractice disputes for dental hygienists.