• 제목/요약/키워드: the right of patient

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의료 질의 법적 관리 (Legal Management of Medical Quality)

  • 조형원
    • 의료법학
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    • 제8권2호
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    • pp.167-193
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    • 2007
  • Medical demand has been increased explosively since health insurance was introduced in 1977. Person has taken a growing interest in increase of medical service supply while that period. We must understand the legal aspects of medical quality management. There have been many legislative efforts for securing the right of patient. Patient's legal right is secured through the declaration of patient's right and all hospital person deal with patients according to the standard and criterion of the declaration of patient's right. The patient's right is set up on a basis of the right to live and the expectation right of patient. It is important to prevent medical accidents because the right of patient's health is violated by medical accident. We must manage well the medical quality to prevent the medical accident. The effort to escalate the medical quality is the best method to decrease the medical dispute. Nowadays a person take a growing interest medical quality. Our government make an effort to secure the medical quality through the legal system to be contained health organization evaluation system.

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환자의 모를 권리와 의사의 배려의무 (Patient's 'Right Not to Know' and Physician's 'Duty to Consideration')

  • 석희태
    • 의료법학
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    • 제17권2호
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    • pp.145-173
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    • 2016
  • 우리나라에서 전통적으로 환자의 자기결정권 내지 자율권은, 의사의 보고성 설명의무에 대응하는 알 권리 그리고 의사의 기여적 설명의무에 대응하는 수진 동의권 및 수진 거절권, 양자를 '중심'으로 해서 논의되어 왔다. 환자의 자율적 결정의 내용으로서 형성 피력되는, 자기 신체 및 의료 상황에 대해 알고 싶지 않은 희망과 그로 인한 이익에 관한 지위- 도덕적 법적 지위 - 는 환자로부터의 알 권리와 동의권의 포기 또는 (의사가 부담하는) 설명의무의 면제라는 소극적 지위 차원에서 인식되었다. 그리고 설명 동의 원칙 도그마의 적용에 의한 역기능 문제는 설명 동의 원칙의 적용 배제 및 그에 따른 의사의 책임 부인이라는 역시 소극적 접근법에 의해 '주로' 인식되었다. 즉 환자의 그러한 알고 싶지 않다는 '무지(無知)의 희망'을 실현시켜 줄 법적 수단이 환자의 '모를 권리' 및 의사의 '부작위 배려의무'라는 '적극적 지위'로 이해되고 인정되지 않았던 것이다. 이러한 당사자의 적극적 지위 설정이 전제되지 않으면 실제상 및 이론상 문제가 제기된다. 환자가 동의권을 포기한다고 선언하거나 의사의 설명의무를 면제한다고 표명했음에도 불구하고, 의사가 굳이 환자를 상대로 설명 내지 보고를 행하여 환자에게 큰 손해가 발생한 경우에, 의사의 그 행위를 규범적으로 어떻게 평가할 것인가가 문제인 것이다. 한편 의사가 설명의 역기능을 우려하여 설명을 행하지 않았고, 그 행태에 대해 적절한 것이란 평가가 가능한 경우에, 그 재량적 불설명의 적법성을 인정할 직접적 근거가 무엇인지를 밝히는 것 또한 문제이다. 이러한 문제를 해결하기 위해 근본적으로 환자에게 '모를 권리'라는 지위를, 의사에게 '배려의무'라는 지위를 인정할 필요가 있다. 요컨대 이 권리와 의무 개념은 환자의 자율성 관념의 충실화와 설명역기능 현상의 적정한 방지라는 법규범적 요구를 충족시키는 데에 매우 유용한 도구로서 수용할 수 있다.

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환자의 소비자로서 권리 (The Rights of Patients as Consumers)

  • 권용진;손상식;임영덕
    • 보건행정학회지
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    • 제22권3호
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    • pp.315-346
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    • 2012
  • The legal relationship between patient and physician is legally equal relationship. But, in times past, patients be compelled to sign an unequal contract, substantially. Because of the imbalance between supply and demand in the health care market. Today, the law of supply and demand in the health care market is running well. And as the cognition of citizens' rights grows, the relationship between patient and physician can also get a lot of changes. Patients have the right to know the information about medical care, and to decide whether or not to get treatment including invasions against their own bodies. In other words, Doctors have an obligation to explain to their patients. If doctors did not provide patients sufficient explanation or information, it violates the right of patients. This is a tort, or a breach of contract. To improve the remedy for violation of patient's right, patient is able to be protected by status as consumer. If patient is a kind of consumer in terms of medical consumption, he/she as consumer can enjoy supplementally the consumer's right. The patient as a consumer can exercise now a consumer's right as a constitutional right. In addition, with respect to consumer's rights, Framework Act on Consumers was enacted. This Act is based on constitutional provisions of Article 124 and the Act can be seen as a law that embodies consumer right because the provision of the constitutional law delegates specific contents. In the health care field, patients need to win recognition the statue of the consumer to hold the sovereignty of the consumer. In particular, if patients are consumers, they may be able to make good use of the quickly and efficiently collective dispute resolution and association lawsuit to rescue their damage, the Alternative Dispute Resolution(ADR) of Framework Act on Consumers.

의료소비자의 알 권리에 대한 연구* - 지식, 요구, 평가 및 실행 수준을 중심으로 - (A Study on the Patient's Right to Know - Focused on Level of Knowledge, Demand, Evaluation and Practice -)

  • 백혜란;이기춘
    • 가정과삶의질연구
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    • 제21권1호
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    • pp.73-89
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    • 2003
  • The goal of this study was to estimate the knowledge on the patient about treating and attitude about their right to know and how they practice. That is the study seek to find how much they claim about their right to know and how they evaluate it. Additionally describe how much the patient carry on their right to know and find out that of each level's associations. This main Purpose of the study was to increase patient's right to know during in medical services. Socio-demographic variables, personal service variables and other used variables which levels of consumers knowledge, demand, evaluation and about right to know on practice level were analyzed statistically. For this purpose, the subjects of this study were consumers who had experienced medical services. The survey was conducted on 551 Korean aged in off-line by self-administered questionnaires. Final analyzed sample sizes are 551. The regression, ANOVA, t-test and other descriptive analyses were used. The obtained results were as When the consumers were estimated the level of Knowledge, the degree of respondent's level was middle state. The level of demand showed low tendency but their practice level was relatively high. On the other hand, consumer's demand for the patient's right to know was very high. The level of knowledge, demand, evaluation have affected positively to the level of consumers practices. Based on empirical research, the statistics of consumers' knowledge level was significant to other variables and effecting highly. It was recommended consumer education should be provided effectively to increase protecting their right.

체간의 움직임 변화에 따른 요추부 근육의 통증 발현에 대한 임상적 고찰 (A clinical study about painful manifestation on lumbar with regard to movement change of trunk)

  • 김성렬;이석민;송창호
    • The Journal of Korean Physical Therapy
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    • 제16권3호
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    • pp.86-96
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    • 2004
  • A clinical study about painful manifestation on lumbar with regard to movement change of trunk The purpose of this study is to present the basis of low back pain therapy which is close examined of back muscle that is the main reason for that case of back pain when trunk rotation, flexion and extension. Therefore this study, which is based on literature review and clinical experience, has tried to figure out that back pain which is considered to be significant for the most increasing time, posture, motion, painful area, involved muscle have any influence on trunk rotation, flexion and extension This study has done with the patients in oriental rehabilitation clinic, K-oriental hospital, from Jan, 2003 to Dec, 2003. Total cases were 145(male:$39\%$-52 patients, female:$64.1\%$-93 patients) those who complained lumbosacral pain with radiating that makes patient unable to bending or extending the trunk. And they were surveyed retrospect way, checking the medical record and that of therapist. Results are as followings. 1. For sprain patient, $34.5\%$ complained pain on extension, and among them, the most remarkably, patients who did right rotation extension pattern were $20\%$. Herniated disc patient shows greater limit on flexion when trunk moves bending route, but right rotation with extension pattern shows the most limitation on flexion-extension according to the rotation of trunk 2. Cases of morning back pain($60.5\%$) showed high value on right rotation extension pattern($18.6\%$), right rotation flexion pattern($16.3\%$) but did not show big difference on left flexion and extension pattern 3. Patients those who complain pain on sitting position showed highest value each left, right $14.6\%$ of left and right rotation extension pattern 4. Among extension painful patient, there showed highest value of each $32.5\%$ on right rotation extension pattern, and $20.0\%$ on right rotation flexion pattern. 5. Tenderness distribution of quadratus lumborum showed $34.5\%$ on right rotation extension pattern, $20.7\%$ on left rotation extension pattern, and that of iliopsoas muscle at right rotation flexion pattern showed right muscle $20.0\%$, left $50.0\%$ Derived from the results of survey above, for sprain and HIVD patient showed greatest pain on right rotation pattern, for pain plus patient on right rotation extension among those who has extreme pain on sitting in the morning described tenderness on right quadratus lumborum, and those who complain pain on left rotation extension described tenderness on left lumborum the most Decisively, it is possible to figure out the problem muscle that involved when I found the time, position, motion that aggravating and painful area. Therefore this study would be expected to be able to be a useful clinical materials on diagnosis and therapy of low back pain.

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보건의료현장에서 환자의 권리와 의료소비자로서의 권리 비교 (Compare Patient Right and Consumer Right in Medical Field)

  • 정영훈
    • 보건행정학회지
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    • 제27권1호
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    • pp.3-17
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    • 2017
  • In the traditional medical field, the patient was a person to receive protection from the doctor because there are vertical relationship between the patient and the doctor. But in modern medical field, patients change their role to health-care consumer to be guaranteed their rights more actively. This study compare patient's rights in doctor's vocational ethics and patient's rights in law, consumer rights. This study analyzes what is type of law-relationship between patients and doctor and how can they act health-care as health-care consumer.

Tuberculous Epididymo-Orchitis with Multifocal Extrapulmonary Tuberculosis: a Case Report

  • An, Jihae;Kim, Keum Won
    • Investigative Magnetic Resonance Imaging
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    • 제26권1호
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    • pp.71-75
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    • 2022
  • Tuberculous epididymo-orchitis, a rare form of extrapulmonary tuberculosis, results from hematogenous dissemination or retrograde extension from the lower urinary tract. Herein, we studied the case of a 22-year-old male patient who presented with refractory left scrotal pain and inflammation. The patient also complained of multifocal pain involving the right buttock, posterior thigh, and right wrist, without trauma history. The patient was diagnosed with multifocal tuberculosis by sputum AFB study and right sacroiliac joint biopsy.

의료행위와 환자의 자기결정권에 관한 고찰 - 대법원 2014. 6.26. 선고 2009도14407 판결을 중심으로 - (A Study of the Medical Practice and the Right of Patients to Self-determination - Focusing on Supreme Court Decision 2009DO14407 Delivered on June 24, 2014 -)

  • 김영태
    • 의료법학
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    • 제15권2호
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    • pp.3-29
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    • 2014
  • The Supreme Court made a decision that the doctor cannot be punished for not taking a blood transfusion to the patient, depending on the patient's will to refuse the blood transfusion on June 24, 2014. The reason is that, in a special situation of conflict between the right of patients to self-determination and the duty of care, and when it was impossible to compare whether which has the superior value, if the doctor made a medical practice to respect either of those two values according to the professional sense, he cannot be punished. In principle, the doctor should make medical practices according to the patient's will. However, if the patient's life was at stake, I think, the doctor is obliged to try his best to save the life of patient. Yet to entrust the patient's life to the doctors professional sense, is to give up the obligation of the country to protect lives. In this regard, I think that the Supreme Court Decision should be reviewed, and that an ongoing research is needed.

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해리성 대동맥류에 동반된 허혈성 사지변화의 수술치험 (Lower Extremity Ischemia in Aortic Dissection -2 Cases-)

  • 박현;구본일;오상준;이홍섭;김창호
    • Journal of Chest Surgery
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    • 제28권3호
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    • pp.332-334
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    • 1995
  • Two hypertensive men with DeBakey type III dissection were admitted due to acute onset of leg ischemia.One patient had ischemia of both legs,The other patient had ischemia of the right leg.Angiograms showed occlusion of aortic bifurcation in one patient and occlusion of right common iliac artery and right renal artery in the other patient.The first patient who had ischemia of both legs was relieved by axillo-bifemoral bypass operation and the second patient with right leg ischemia by femoro-femoral bypass.The dissection of the aorta was successfully managed by conservative measures including hypotensive medication.The bypass grafts was functioning well one year later.The aortic dissection should not be overlooked as an etiology of acute onset of ischemia of the lower extremities.

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고도의 폐혈류장애를 동반한 원발성 우심실 지방육종 (Primary Cardiac Liposarcoma with Obstruction of Main Pulmonary Artery)

  • 안병희;장원채;김상형
    • Journal of Chest Surgery
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    • 제27권2호
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    • pp.157-160
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    • 1994
  • Primary tumors of the heart are extremely rare, and about 25 per cent of primary cardiac tumors are malignant. Recently, We experienced a case of primary cardiac liposarcoma occurred on the right ventricular outflow tract and extended into the main pulmonary artery. The patient was 57 year-old man and the chief complaints was severe exertional dyspnea. Emergency operation to relieve the right ventricular outflow tract obstruction was performed under cardiopulmonary bypass. The tumor was 5$\times$4$\times$3 cm in size and infiltrated into the right ventricle and ventricular septum. The tumor in the main pulmonary artery was removed without any difficulty but the on the right ventricular outflow tract was difficult to remove completely. The patient was recovered without any specific problems. After successful surgical resection and postoperative radiotherapy the patient discharged with good condition. Herein, the clinical characteristics of cardiac liposarcoma, the problems in differential diagnosis, the prognosis and current therapy are reviewed.

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