• Title/Summary/Keyword: the duty of medical treatment

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A Study on Civil Liability as to Medical Practices Against the Premium Medical Treatment System (선택진료제를 위반한 의료행위의 민사책임에 관한 고찰)

  • Baek, Kyounghee;Chang, Yeonhwa;Lee, Injae;Park, Dohyun
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.227-251
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    • 2014
  • In current law, the premium medical treatment system gives patients the right of choice between normal medical treatment service and premium medical treatment service. Only the doctors having a career more than a certain period of time fixed in the law are eligible for providing the premium medical treatment service. So, the premium medical treatment system is highly related to the patients' right to know and the right of self-determination. The system is also relevant to the so-called 'economic explanation' notion because patients should pay additional fee when they want to use this system. Meanwhile, the situation as follows is problematic as to this system. Although a patient applied for using the premium medical treatment system and the patient also chose his or her own doctor specifically, another doctor who was not selected as premium doctor could make a medical accident. Then, is the another doctor liable for damages because the accident was a medical malpractice or a breach of medical contract? In this study, we are going to examine the problems related with the premium medical treatment system. First, we examine the current law related to the system. Second, we look into the economic explanation duty and its application to the premium medical treatment system. Finally, we examine a real judgment case about a medical practice against the premium medical treatment system and we propose our solution to this case.

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Work Stress and Affecting Factors of Emergency Medical Technicians (응급구조사의 업무 스트레스와 그 영향 요인)

  • Jo, Hyeon Tae
    • The Journal of Korean Society for School & Community Health Education
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    • v.15 no.3
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    • pp.95-103
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    • 2014
  • Objectives: To identify work stress and affecting factors of the emergency medical technicians(EMT) and to provide basic data for work circumstance improvement and emergency medical service and duty efficiency elevation. Methods: The data were collected by questionnaire from 635 emergency medical technicians throughout the whole country from August 5 to September 20 2013 and analyzed by using the SPSS(version 18.0) program. Factors affecting stress were analyzed by Multiple Linear Regression Analysis(${\alpha}=0.05$). Results: Mean level of job stress was markedly high in the spot situation(3.43 point), user awareness(3.31 point), burden related to work(3.21 point), role and conflict as a professional job(3.10 point), unsuitable treatment(2.95 point) but was lowest in specialty demand of knowledge and skill(2.76 point). Conclusions: To diminish work stress, understanding and cooperation of the residents and reduction of burden related to work must be improved. Above all, positive interest of 119 and related organ and duty environment improvement will and effort and continuous measure establishment and support and cooperation of the government are needed.

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Aid Degree for Major Subject of Dental Hygienist in Some Areas (일부 지역 임상치과위생사들의 치위생과 전공교과목에 대한 도움정도 조사)

  • Jang, Ji-Eon;Lee, Hee-Kyung
    • The Korean Journal of Health Service Management
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    • v.8 no.3
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    • pp.113-124
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    • 2014
  • This study was the development of job-based curriculum present the basic data for the 207 people surveyed dental hygienists in clinical analysis. The data was analysed with frequency, t-test and one-way anova using the spss 20.0 windows. Person of preventive dental treatment in main duty was significantly highest than among others. In conclusion, the dental hygienist will perform the most medical support services, However the main duties of dental hygienists to perform preventive dental treatment for major help when the highest degree. Among oral hygiene management duty-related subjects showed the most helpful. Therefore dental hygiene curriculum to train dental hygienist should be organized to help with job performance in the field of clinical activities.

Quantitative Evaluation on Laser Performance for Endovenous Photocoagulation (레이저를 이용한 하지정맥류 치료의 정량화 연구)

  • Ahn, Minwoo;Nguyen, Van Phuc;Oh, Junghwan;Kang, Hyun Wook
    • Journal of Biomedical Engineering Research
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    • v.35 no.3
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    • pp.62-67
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    • 2014
  • The purpose of the study was to identify the effect of laser parameters on photocoagulation to maximize safety and efficacy during varicose vein treatment. CW and pulsed modes at 1470 nm were initially compared as a function of power on bovine liver tissue. In the pulsed mode, various parameters including repetition rate, duty cycle, and irradiation time were compared to evaluate tissue response during thermal treatment. The results demonstrated that CW and pulsed modes yielded almost similar coagulation development possibly due to shorter irradiation time of 5 sec. Regardless of laser mode, both repetition rate and duty cycle presented constant coagulation rate whereas longer irradiation time facilitated coagulation process.

Short-Term Surgical Outcome of the Partial Nail Extraction in Ingrown Nail of Military Trainee: Is Matrixectomy Necessary? (훈련병에게 처음 발생한 내향성발톱에서 부분 발톱 절제술의 단기 추시 결과: 기질 절제술이 꼭 필요한가?)

  • Kim, Jaeyoung;Kim, Yoon Seok;Yi, Young
    • Journal of Korean Foot and Ankle Society
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    • v.23 no.2
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    • pp.52-57
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    • 2019
  • Purpose: An ingrown nail is common in military trainees who are exposed to highly demanding activities. Although the matrixectomy procedure has been the main treatment modality, several drawbacks may follow after the procedure, such as infection, periostitis, and continued pain that causes a delayed return to duty. This study examined the outcomes of a simple partial nail extraction with the hypothesis that this procedure may bring an earlier return to duty, lower the perioperative complications, and produce a comparable recurrence rate. Materials and Methods: The medical records of patients who had surgical treatment for an ingrown nail in the authors' institution between April 2016 and December 2017 were reviewed retrospectively. Under the inclusion and exclusion criteria, 28 patients with a simple partial nail extraction (group A) and 29 patients with a partial nail extraction with matrixectomy (group B) were investigated. As the clinical outcome, the visual analogue scale (VAS) and satisfaction score, time to return to duty, complications, and recurrence rate were checked and compared between the groups. Results: The VAS scores of group B were significantly higher during the first (p<0.001) and second (p=0.026) follow-up week than group A. The time to return to duty was shorter in group A (7.8 days) than group B (10.1 days), and this difference was significant (p<0.001). Group B had five patients with complications, whereas group A had none (p=0.028). No differences in the recurrence rate (p=0.197) and patient satisfaction (p=0.764) were found between the groups. Conclusion: In this study, simple partial nail extraction in military trainees resulted in lower postoperative pain, lower complication rates, and earlier return to duty than the procedure with matrixectomy. Military trainees are temporarily exposed to highly demanding activities. Thus, a satisfactory outcome would be expected with simple partial nail extraction without performing a radical procedure, such as a matrixectomy.

Patient's Right of Self-determination and Informed Refusal: Case Comments (환자 자기결정권과 충분한 정보에 근거한 치료거부(informed refusal): 판례 연구)

  • Bae, Hyuna
    • The Korean Society of Law and Medicine
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    • v.18 no.2
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    • pp.105-138
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    • 2017
  • This is case comments of several representative legal cases regarding self- determination right of patient. In a case in which an intoxicated patient attempted suicide refusing treatment, the Supreme Court ruled that the medical team's respect for the patient's decision was an act of malpractice, and that in particular medical situations (medical emergencies) the physician's duty to preserve life supersedes the patient's rights to autonomy. Afterwards, at the request of the patient's family, and considering the patient's condition (irrecoverable death stage, etc.) consistent with a persistent vegetative state, the Supreme Court deduced the patient's intention and decide to withdraw life-sustaining treatment. More recently, regarding patients who refuse blood transfusions or other necessary treatment due to religious beliefs, the Supreme Court established a standard of judgment that can be seen as conferring equal value to the physician's duty to respect patient autonomy and to preserve life. An empirical study of legal precedent with regard to cases in which the physician's duty to preserve life conflicts with the patient's autonomy, grounded in respect for human dignity, can reveal how the Court's perspective has reflected the role of the patient as a decision-making subject and ways of respecting autonomy in Korean society, and how the Court's stance has changed alongside changing societal beliefs. The Court has shifted from judging the right to life as the foremost value and prioritizing this over the patient's autonomy, to beginning to at least consider the patient's formally stated or deducible wishes when withholding or withdrawing treatment, and to considering exercises of self determination right based on religious belief or certain other justifications with informed refusal. This will have a substantial impact on medical community going forward, and provide implicit and explicit guidance for physicians who are practicing medicine within this environment.

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The emergency patients analysis of 1339 Emergency Medical Information Center received during the holidays - New Year's Day & Thanksgiving Day of Gwangju & Jeonnam region in 2007 - (연휴동안 1339 응급의료정보센터에 접수된 응급환자 현황 분석 - 광주·전남지역의 2007년 구정과 추석을 중심으로 -)

  • Park, Si-Goo;Park, Hee-Jin
    • The Korean Journal of Emergency Medical Services
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    • v.12 no.1
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    • pp.69-80
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    • 2008
  • During New year's day and Thanksgiving holiday, the 1339 Information Center in Gwangju and Jeonnam received an emergency medical situation and carried out the analysis as follows ; 1. The reason for the higher phone guidance(72%) of the hospital was based on the simple query for the pain control rather than emergency care. This was explained by the unfamiliar environment of the holiday movers. Pharmaceutical guidance(12.6%) in rural area was also given during the holidays. 2. The disease counselling(2.4%) and emergency treatment instruction(First Aid)(1.6%) decreased because of the small number of request for the diseases. This explained the decrease of the disease counselling. 3. The phone calls increased 8-13 times more than usual. Five-day holidays could have more emergency patients than three-day holidays. During New year's day and Thanksgiving day, the number of received phone calls was 6,444(25.7%) and this accounted for one fourth of the total number in 2007. 4. The number of the patients increased on New year's day and Thanksgiving day because most of the medical institutions and pharmacy were off duty. 5. The patients were centered in Internal medicine and pediatrics. This showed the food-borne diseases and air-borne infection such as common cold. 6. During Thanksgiving day, ophthalmologic patients having viral keratoconjunctivitis(Apollo eye disease) increased 8 folds than in New year's day. It was estimated from the continuous epidemic of Apollo eye disease. 7. There broke out the traffic accidents, food poisoning, infectious diseases, dermatological diseases due to seasonal and environmental changes during the holiday move.

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선박의료관리자 전무가시스템 구축을 위한 기초연구

  • 류대석;이재홍;서기열;박계각
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 2000.10b
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    • pp.187-193
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    • 2000
  • An expert system for a ship medical manager is presented in this paper where it si planned to improve the medical environment of the crew. The proposed system includes a information retrieval system that is based on the knowledge database organizing important experiences of first-aiders and is intended to be used effectively by the inexpert member. Moreover, this system of which the purpose is to computerize the medical work of each ship medical manager that the third officer give an affirmative guide for the execution of their duty from the medical treatment database of the disease occurring frequently on many crews.

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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 on the Nursing Profession as Stipulated by Health & Medical Laws of Korea (우리나라 보건의료법령에 명시된 간호에 관한 연구)

  • Kim, Eun-Young
    • Research in Community and Public Health Nursing
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    • v.8 no.1
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    • pp.116-132
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    • 1997
  • The purpose of the study is to find out how laws related to the nursing profession can be improved by analyzing the rules and regulations concerning nursing. Furthermore, to help settle legal matters in the process of doing nursing work. The data used for the study are the Health and Medical Act, the Maternal and Child Health Act, the School Health Act, the Special Act for Health and Medical Service in Rural Areas, the Industrial Health & Safety Act and the Notice on Nursing Professional Courses analyzed by age and content. The results of the study are as follows : First, basic nursing practice includes 'nursing care for recuperation and assistance in medical treatment and in special areas including the pre-vention of disease, maintenance of health, control of environment, and other therapeutic activities. It is suggested that the phrase 'assistance in medical treatment' should be eliminated as it limits the basic nursing practice to the assistance of the medical treatment. Second, Article 56 of the Health & Medical Act prescribes a special nurse but it does not prescribe a specific job. Accordingly, the new provison concerning the specific jobs of a special nurse should be added or a job guide should be inseated. Third, it is prescribed that those who have completed the training course after obtaining a license are qualified to be a midwife, a special nurse and a nurse practitioner working in special areas. However, school nurses, occupational health nurses and maternal and health workers are required to obtain a nurse license, but not to take an additional training course. Nurses working in special areas should be legally recognized as nurse specialists. The regulations to control various qualification standards consistently should be established. Fourth, the qualifications and types of nurses by area prescribed by Article 54 of the Health and Medical Act are not consistent with those of special nurses as recognized by affiliated organizations of the Korean Nurse Association and some hospitals. Accordingly, the qualifications and types of special nurses should be adjusted in consideration of special nurses. Fifth, as Article 16, Paragraph 2 of the Health and Medical Act does not prescribe the type and scope of first - aid treatment that nurses can provide, the first-aid treatment of nurses might be considered as an unlicensed practice. The specific regulations regarding these matters should be established. Sixth, the contents of the nursing record, which are prescribed by Article 21 of the Health and Medical Act as a duty, include 1) matters concerning body temperature, pulse, breath and blood pressure 2) matters concerning drug prescription 3) matters concerning input and output 4) matters concerning the treatment and nursing care (Article 17 of the Enforcement Regulations, Health and Medical Act). However, these matters are limited to basic nursing care and assistance in medical treatment. The new recording methods on nursing process are suggested to be adopted legally. Seventh, the prescription right entrusted to nurses which are prescribed by the School Health Act, the Special Act on Health and Medical Service for Rural Areas, and the Industrial Health and Safety Act are not consistent with the rights of nurses as prescribed by the Health and Medical Act. New regulations prescribing the partial right for medical treatment entrusted to nurses in consideration of the restraint of time and place in emergency situations should be established.

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