• Title/Summary/Keyword: medical disputes

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Interhospital Transfer of Emergency Patients and Informed Consent (응급환자의 전원과 의사의 설명의무)

  • Bae, Hyun-A
    • The Korean Society of Law and Medicine
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    • v.13 no.1
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    • pp.249-293
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    • 2012
  • Inter-hospital transfer, depending on its medical and legal appropriateness, affect the prognosis of patients and can even lead to legal disputes. As Emergency Medical Service Act, any physician shall, in case where deemed that pertinent medical service is unavailable for such patient with the capacities of the relevant medical institution, transfer without delay such patient to another medical institution where a pertinent medical service is available. For medico-legally appropriate inter-hospital transfer, the head of a medical institution shall, in case where he transfers an emergency patient provide medical instruments and manpower required for a safe transfer of the emergency patient, and furnish the medical records necessary for a medical examination at the medical institution in receipt of such patient. And transfer process must comply with the requirements prescribed by executive rule such as attachment of the referral, provision of ambulance, fellow riders and informed consent of transfer. Those engaged in emergency medical service shall explain an emergency medical service to an emergency patient and secure his consent. In addition to the duty to inform about emergency medical service to the patient and his or her legally representative, there is also a duty for doctors to sufficiently explain to the patient and his or her legally representative during inter-hospital transfer that the need for the transfer, the medical conditions of the patient to be transferred and emergency treatment that will be provided by the hospital from which the patient is going to transferred. Likewise, the hospital to which the patient is transferred must be thoroughly informed about matters such as the patient's conditions, the treatment the patient was given and reasons for transfer by transferring doctors.

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Guideline for maxillofacial impairment rating of trigeminal nerve damage in the Korean (삼차신경손상의 장애평가에 대한 가이드라인)

  • Committee of Guides for Maxillofacial Impairment Rating, Committee of Guides for Maxillofacial Impairment Rating
    • Journal of the Korean Association of Oral and Maxillofacial Surgeons
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    • v.38 no.6
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    • pp.384-393
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    • 2012
  • The trigeminal nerve, one of the cranial nerves, innervates the maxillofacial area and has three branches: the ophthalmic, maxillary, and mandibular nerves. Paresthesia, due to damages to the inferior alveolar nerve and mental nerve (branches of the mandibular nerve), is quite frequent in dental implants and third molar extractions. As medical disputes are increasing, it is necessary to formulate an objective and reasonable disability evaluation. When evaluating the frequent rate of impairment for inferior alveolar nerve damage, it may be reasonable to follow the criteria for the rate of maxillofacial impairment of the American Association of Oral and Maxillofacial Surgeons (AAOMS) - the most scientific and reputable criteria based on the American Medical Association (AMA). Therefore, the Committee of Guides for Maxillofacial Impairment Ratings, in the Korean Association of Oral and Maxillofacial Surgeons (KAOMS), is trying to suggest more reasonable and realistic guidelines for evaluating impairments by reviewing the current evaluation criteria and those of AMA and AAOMS.

A Study on Emergency Medical System Out of Hospital (Centering on the Limitation of Emergency Medical Service Out of Hospital in the Emergency Medical Technicians) (병원 전 응급의료체계에 관한 연구(응급구조사의 병원 전 응급의료의 제한 중심으로))

  • Park, Sang-Sub;Baek, Hong-Seok
    • The Korean Journal of Emergency Medical Services
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    • v.9 no.2
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    • pp.89-100
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    • 2005
  • Due to the improvement in life, we, human beings, are living in the more convenient world. However, as society gets complex, it comes to be faced a dangerous situation that needs to request a help due to an unexpected accident. The promptly emergency relief and emergency treatment from this accident, can be said to be extremely important in increasing a rate of resuscitation. This study analyzed on a case study and problems about the Emergency Medical System out of hospital in our country. The contents in the results of a study can be summarized as follows. 1. given the occurrence of medical disputes in a situation of emergency treatment, the regulation in the legal protection 'Will need to be reinforced. 2. in relation to the mobilization of ambulance, the preferentially passage right in ambulance needs to be guaranteed. In general, the preferentially passage right in ambulance is secured, but it will need to be supplemented by improving the education in civic consciousness and the social system. 3. in case of emergency duties in the emergency medical technician, the countermeasure will need to be strengthened in terms of abusive language and violence from a citizen. 4. in terms of emergency duties in the emergency medical technician, aiming to keep safety from a sudden situation, the possession of the protective equipments will need to be completely provided. 5. the limitation of activity will need to be eased by expanding the range of duties in the emergency medical technician within the ambulance, and the opening of duties will need not to be allowed to the similarly job category. 6. it needs to be reinforced the safety of the emergency medical technician from infectious diseases. Aiming at these emergency medical technicians whose service spirit is thoroughgoing, the nation and the local government will need to form all the conditions in which emergency medical technicians can be active passionately.

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Study on a Clinical Collaborative Communication System in Healthcare Organizations -Focused on Patient Education (보건의료 조직의 협업적 의료 커뮤니케이션 시스템에 대한 연구 - 환자교육을 중심으로)

  • Park, Hwagyoo
    • The Journal of Korean Association of Computer Education
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    • v.16 no.2
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    • pp.79-90
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    • 2013
  • Communication errors have severe consequences clinical quality and disputes in medical organizations. Thus, clinical communication has become a major practice recently, since clinical and managerial effectiveness can also be enhanced by improving the quality of the physician, medical staff, and laboratories interactions. Both medium and large-sized hospitals are increasingly adopting the philosophy to shorten clinical service time while enhancing higher medical service quality and lower healthcare service costs. From this motivation, this paper studies on the clinical collaborative communication concept and investigates approaches to the philosophy for implementation. The system has been theorized to improve communication and enhancing medical outcome qualities. In addition, to validate the system, the author analyzes the efficiency and effectiveness in S hospital, using statistical survey works.

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A Research of Trend on Japanese Medical Tourism in Oriental Hospital of Daejeon University (대전대학교 한방병원에 내원한 일본인 관광객의 의료관광 현황)

  • Kim, Min Jung;Sung, In Su;Song, In;Ko, Min Kyung;Hong, Kwon Eui
    • Journal of Acupuncture Research
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    • v.29 no.6
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    • pp.85-89
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    • 2012
  • Objectives : This study is to evaluate the current situation of Japanese tourists for medical tour of Daejeon University hospital and to draw up a plan for better policies. Methods : 59 Japanese tourists visiting oriental medicines hospital of Daejeon University from January 2012 to September 2012, were analysed in the statistics. And 8 of them answer a questionnaire about reasons for selection of Daejeon University hospital, satisfaction for thread embedding therapy and side effects of thread embedding therapy. Results : A total of 59 foreigners visited oriental medicines hospital of Daejeon University for medical service, consisting of 54 females(92 %), the thirties to fifties 71 % by age. The 87.5 % of patients answered that the reason for choosing this hospital was the subsidization of the medical expenses, and 50 % for appropriate payment, 37.5 % for safety, 12.5 % for recommendation of the people who had good experience at this hospital. The 71% of patients selected thread-embedding therapy for treating wrinkles. The degree of satisfaction was evaluated as quite satisfaction of 87.5 %, full satisfaction of 12.5 % showing that a whole number of the patients treated with thread-embedding therapy showed relative satisfaction. This evaluation is, however, a short term survey which should lead to a further term study. For the evaluation of side effects of thread-embedding therapy, 75 % of patients answered as pain occurred during the therapy, 62.5 % as edema, 50 % as hypodermal bleeding. Conclusion : First of all, there should be more constructive promotion and support for medical tour of oriental medicines, ultimately leading to promoting better clusters of oriental medicines. Secondly, support in terms of a medical law should be established for medical disputes, and the best follow-up service should be considered.

Development of Performance Measurement Indicators in S Hospital (S병원 성과평가지표 개발에 관한 연구)

  • Lee, Hee-Won;Yu, Seung-Hum;Lee, Hae-Jong;Park, Chang-Il
    • Korea Journal of Hospital Management
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    • v.5 no.1
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    • pp.1-23
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    • 2000
  • This study was undertaken to develop performance measurement indicators in S Hospital, which is the largest component of Y Medical Center which implemented the Responsible Management System in 1993. To begin, strategic initiatives for S Hospital were reestablished based on Y Medical Center's goals and objectives. The BSC(Balanced Scorecard) was used to develop performance measurement indicators after validity checks by specialists. The results were that total 16 indicators were developed to measure performance for strategic initiatives. Those included the growth rate of patient revenues, operating profit to gross revenues, reduction rate in administrative expenses from a financial perspective; average medical expenses per adjusted patient, patient satisfaction survey for inpatients and outpatients and emergency room patients, return rate for treatment results from the customer's perspective; reduction rate in average length of hospital stay, expenses for lost cases of medical disputes, rate for contracted employees, the number of published reports per faculty member from an internal perspective; educational expenses for training medical staff and full time employees, adjusted patient per medical staff, and the number of cases implemented which were proposed by employees. Any organization needs to have its own explicit objectives to grow and develop and it is absolutely necessary to measure performance to accomplish them. The performance measurement indicators developed by this study are expected to be used as a tool to attain the objectives of S Hospital.

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Improvement in the Medical Dispute Mediation System of Korea Consumer Agency (한국소비자원 의료분쟁 조정제도의 개선방안)

  • Jeon, Byong-nam
    • The Korean Society of Law and Medicine
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    • v.16 no.1
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    • pp.255-288
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    • 2015
  • It is desirable to prevent medical accidents because they bring about irretrievable outcomes to patients, as they are directly related to each patient's life, and health. However, once medical accidents occur, it is appropriate to resolve them quickly without conflict before the feelings of directly involved people are intensely confronted with each other. Korea Consumer Agency carries out medical dispute mediation to address such disputes quickly, fairly, and efficiently, and so does Korea Medical Dispute Mediation and Arbitration Agency. Although there has been constant debate on a merge between the two agencies because of duplicated work and consequent inefficiency, it is desirable to maintain the two agencies to ensure consumers' options and to promote the mutual development of the agencies through competition. Therefore, there should be legal and systematical support for Korea Consumer Agency to have fair competition with Korea Medical Dispute Mediation and Arbitration Agency. This is not for Korea Consumer Agency, but ultimately for consumers.

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A Breach of Medical Contract and Consolation Money (의료계약상 채무불이행과 위자료)

  • Bong, Youngjun
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.217-260
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    • 2013
  • In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

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Analysis of the perception degree on dental medical accident and dispute experience, psychological status and preventive education according to clinical career of dental hygienist (일부지역 치과위생사의 임상경력에 따른 치과 의료사고 및 분쟁 경험, 심리상태, 예방교육에 대한 인식정도 분석)

  • Yoon, Na-Na;Lee, Myung-Ju;Seong, Mi-Gyung
    • 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.

Domestic and Foreign literature review of Dental Accidents and Malpractice claims (치과의료사고 및 분쟁에 대한 국내·외 문헌고찰)

  • Kim, Myeng Ki;Cho, Han A;Lee, Jin-han
    • The Journal of the Korean dental association
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    • v.53 no.2
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    • pp.82-95
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    • 2015
  • Background: Interest in medical malpractice claims and accidents is a day-to-day social issue to general public as well as medical personnel. Related laws and regulations already have been established, and institutions based on the laws and regulations also have been founded. However, in our dental community, interest and response to the issue seem insufficient. Methods: We searched four medical literature databases that are mainly cited in the medical community. Keywords including 'dental malpractice claims', 'patient safety' and 'medical accident' were used for the search. Among the selected literatures, we chose specific ones separately whose content is authentic and easily approachable. Results: Medical malpractice claims and accidents tend to increase around the world. As the cost or the difficulty level of surgery increases, the dispute rate also increases, which appears even more apparent in developed countries. Preventive measures to prevent the disputes and accidents are not significantly different. Three critical of them include relationship of doctor with patient, the informed consent and medical record. Conclusion: Tools for accident occurrence or communication improvement have been introduced. All of those cost time and money. However, education or professional request of liability insurance companies, self-education and provision of guidelines can be immediately implemented. To implement those, dentists' promotion at the regional or national level is imperative. rhBMP-2 is widely used at sinus augmentation, alveolar bone defect, and socket preservation.