• Title/Summary/Keyword: resolution issue

Search Result 263, Processing Time 0.017 seconds

Legislative Study on the Mitigation of the Burden of Proof in Hospital Infection Cases - Focusing on the revised Bürgerliches Gesetzbuch - (병원감염 사건에서 증명책임 완화에 관한 입법적 고찰 - 개정 독일민법을 중심으로 -)

  • Yoo, Hyun Jung
    • The Korean Society of Law and Medicine
    • /
    • v.16 no.2
    • /
    • pp.159-193
    • /
    • 2015
  • Owing to causes such as population aging, increased use of various medical devices, long-term hospitalization of various patients with reduced immune function such as cancer, diabetes, and organ transplant patients, and the growing size of hospitals, hospital infections are continuing to increase. As seen in the MERS crisis of 2015, hospital infections have become a social and national problem. In order to prevent damage due to such hospital infections, it is necessary to first strictly implement measures to prevent hospital infections, while, on the other hand, providing proper relief of damage suffered due to hospital infections. However, the mainstream attitude of judicial precedents relating to hospital infection cases has been judged to in fact shift responsibility over damages due to hospital infections on the patient. In light of the philosophy of the damage compensation system, whose guiding principle if the fair and proper apportionment of damages, there is a need to seek means of drastically relaxing the burden of proof on the patient's side relative to conventional legal principles for relaxing the burden of proof, or the theory of de facto estimation. In relation to such need, the German civil code (Burgerliches Gesetzbuch), which defines contracts of medical treatment as typical contracts under the civil code, and has presumption of negligence provisions stipulating that, in cases such as hospital infections which were completely under the control of the medical care providers, if risks in general medical treatment have been realized which cause violations of the life, body, or health of patients, error on the part of the person providing medical care is presumed, was examined. Contracts of medical treatment are entered into very frequently and broadly in the everyday lives of the general public, with various disputes owing thereto arising. Therefore, it is necessary to, by defining contracts of medical treatment as typical contracts under the civil code, regulate the content of said contracts, as well as the proof of burden when disputes arise. If stipulations in the civil code are premature as of yet, an option may be to regulate through a special act, as is the case with France. In the case of hospital infection cases, it is thought that 'legal presumption of negligence' relating to 'negligence in the occurrence of hospital infections,' which will create a state close to equality of arms, will aid the resolution of the realistic issue of the de facto impossibility of remedying damages occurring due to negligence in the process of occurrence of hospital infections. Also, even if negligence is presumed by law, as the patient side is burdened with proving the causal relationships, such drastic confusion as would occur if the medical care provider side is found fully liable if a hospital infection occurs may be avoided. It is thought that, alongside such efforts, social insurance policy must be improved so as to cover the expenses of medical institutions having strictly implemented efforts to prevent hospital infections in the event that they have suffered damages due to a hospital infection accident, and that close future research and examination into this matter will be required.

  • PDF

A Study on Religious Thought Regarding Hospitality for the Phenomenon of Transnational Migration: Focusing on the Concept of 'Conscience' in Daesoon Thought (초국적 이주 현상에 대한 환대의 종교사상 고찰 -대순사상의 '양심'을 중심으로-)

  • Seog Chang-hoon
    • Journal of the Daesoon Academy of Sciences
    • /
    • v.43
    • /
    • pp.1-29
    • /
    • 2022
  • In this era of transnational migration, it is necessary to recognize the signs of the times regarding religion. During the globalization of Korean society, migration cannot be avoided, and as such, Korea should look towards hospitality with practical themes of religion and religious people aiming for peace. Therefore, this study examines the concept of 'conscience' in Daesoon Thought because this understanding of the conscience connects people to their heavenly endowed nature and their original selves. First, in order to explore the religious ideas of hospitality for transnational migration, this study viewed the issue through three analytical frames: exclusive perception, tolerant perception, and pluralistic perception, and then criticized these from the perspective of hospitality. Furthermore, hospitality was viewed as an attitude of attempting to expand one's sense of self in dealing with others. Religiously, it was derived that the expansion of one's sense of self should aim for relationships of Sangsaeng (相生 mutual beneficence) as these go beyond mere symbiosis. In addition, as a way to overcome otherness, the religious idea of unconditional hospitality towards migrants was explored focusing on the concept of conscience in Daesoon Thought. In Daesoon Thought, the mind is the source of Heaven and Earth and also the essence of human existence. There are two aspects of mind that arise in humans: conscience and private interest. In Daesoon Thought, the conscience enables human potential and aims for a return to the source. In other words, it is to abandon private-interest and regain one's nature and the essence of one's personality. This can be done through Mujagi (無自欺 Guarding against Self-deception); embodying and maintaining a mind that does not deceive itself. In Daesoon Thought, the practice of Sangsaeng ethics based on Mujagi is expressed as Haewon Sangsaeng (解冤相生 the Resolution of Grievances for Mutual Beneficence) and working for the betterment of others. Therefore, when the relational and communal perspectives of Daesoon Truth and Sangsaeng are reinforced, the argument for developing the practical ethics of Haewon Sangsaeng based on Mujagi into the transformation of the human spirit expressed as unconditional hospitality was found to be sound.

Evaluation of Usefulness and Procedures for Safety of Radiopharmaceuticals in Cisternography (Cisternography 검사 시 사용되는 방사성의약품의 안정성 확보를 위한 검사도입 및 유용성 평가)

  • Kim, Da-Eun;Yoo, Yeon-Wook;Choi, Ho-Yong;Kim, Yun-Cheol;Kim, Yeong-Seok;Won, Woo-Jae;Kim, Seok-Ki
    • The Korean Journal of Nuclear Medicine Technology
    • /
    • v.14 no.2
    • /
    • pp.45-49
    • /
    • 2010
  • Purpose: Several radiopharmaceuticals were used for cisternography. But recently, due to more short acquisition time, high resolution than other radiopharmaceuticals like In-111 DTPA, we were using Tc-99m DTPA in cisternography. Using of Tc-99m DTPA for intrathecal, was not officially recognised by the FDA. And there are matters of aseptic meningitis, muscular tetany, seizures by inappropriate radiopharmaceuticals handling. So, it is necessary to prevent adverse reactions while handling the radiopharmaceuticals using in cisternography. Therefore, this study aims to evaluation of usefulness and procedures for safety of radiopharmaceuticals in cisternography. Materials and Methods: Subjects were 12radioactive tracer vials using in cisternography in 2008 Dec. 16 - 2009 Dec. 30. (1) Radioactive tracer Vial test - We were measured NaPertechnetate radiation dose and volume, normal saline volume for dilution, source volume and dose activity for patient injection. And then, calculated mass of pure DTPA. (2) Bacterial endotoxin test - We performed pyrogen test using by negative/positive control vials which was added normal saline 0.2 mL and added normal saline 0.1 mL, Tc-99m DTPA 0.1 mL in test control vial. And then, reacted by digital hot plate in $37.5^{\circ}C$ for 1 hour and compared of gel-clot in each control vials. (3) Compliance safety procedure - We were checked safety issues and wrote out a safety procedure exam sheet. Results: (1) Radioactive tracer Vial test - Mass of DTPA per dose for patient injection (mg) was 0.88 (mg) on average, and Mass of DTPA per volume for patient injection (mg) was 0.74 (mg) on average. (2) Bacterial endotoxin test - All control test vials showed negative reactions. (3) Compliance safety procedure - We were checked safety issues and wrote out a safety exam sheet in all the exams. So, there were no adverse reactions. Conclusion: We could examine easier to safety tests using by Techscan - DTPA (Mallinckrodt): CaNa3. Each test results were passed the safety tests and there are no adverse reactions. The use of Tc-99m DTPA for cisternography, always has been become an issue. Since it has occur adverse reaction while examine the cisternography using by Tc-99m DTPA, it needs to set up the 'Standard Operating procedures'.

  • PDF