Journal of Acupuncture Research

Korean Acupuncture & Moxibustion Medicine Society (대한침구의학회)
권호 표지

Legal Study on the Explanatory Duty for Medical Practice in Korean Medicine by Judicial Precedent Analysis

판례분석을 통한 한의사의 설명의무에 관한 법학적 고찰

  • Lee, Mee-Sun (School of Korean Medicine, Pusan National University) ;
  • Kim, Kun-Hyung (Department of Acupuncture & Moxibustion Medicine, Korean Medicine Hospital, Pusan National University) ;
  • Yang, Gi-Young (Division of Clinical Medicine, School of Korean Medicine, Pusan National University)
  • 이미선 (부산대학교 한의학전문대학원) ;
  • 김건형 (부산대학교 한방병원 침구의학과) ;
  • 양기영 (부산대학교 한의학전문대학원 임상의학부)
  • Received : 2012.07.17
  • Accepted : 2012.08.01
  • Published : 2012.08.20
Download PDF
⟨ Previous Next ⟩

Abstract

Objectives : The purpose of this study is to set the explanatory duty on traditional Korean medical(TKM) treatment by analyzing the judicial precedents. Methods : The study was performed by analyzing nine cases of lawsuits related to Korean medicine doctor and explanatory duty among the medical dispute cases in Korea from 1968 through 2012. Results : Nine closed claims occurred regarding the violation of explanatory duties in the field of TKM practice. Two claims were decided by supreme court, three were decided by high court, and four were decided by district court. The causes of lawsuits were categorized as follows : bee venom pharmacopuncture, herb treatment, and an explanation for safety. Conclusions : To perform an explanatory duty has important legal implications for the protection of patients' rights and Korean Medicine doctors' autonomy on TKM treatment.

Keywords

References

  1. Norton ML. Ethics in medicine and law. Legal Medicine Annual. 1977.
  2. Glantz LH, Katz BF. The rights of doctors, nurse and allied health professionals. Ballinger Publishing Co. 1981.
  3. Zimmerly JG. Informed consent to clinical investigation. Legal Medicine Annual. 1973.
  4. 박종권. 醫師의 說明義務에 관한 小考. 비교법학. 1990 ; 2 : 149-73.
  5. Park YH. Family's own right to recover pain and sufferings on the ground of Lack of informed consent and Loss of chance. Lawyers Association journal. 2009 ; 58(2) : 5-57.
  6. Gilmour J, Harrison C, Asadi L, Cohen MH, Vohra S. Informed consent : advising patients and parents about complementary and alternative medicine therapies. Pediatrics. 2011 ; 128(4) : 187-92.
  7. Cohen MH. Legal Issues in Complementary and Integrative Medicine : A Guide for the Clinician. The Medical clinics of North America. 2002 ; 86(1) : 185-96. https://doi.org/10.1016/S0025-7125(03)00080-4
  8. Ministry of legislation. Available from : URL : http:// www.moleg.go.kr/(accessed 31 March 2012)
  9. Lawnb, Inc. Available from : URL : http://www.lawnb.com/(accessed 31 March 2012)
  10. Danan G, Benichou C. Causality assessment of adverse reactions to drugs-1. A novel method based on the conclusions of international consensus meetings : application to drug-induced liver injuries. Journal of Clinical Epidemiology. 1993 ; 46 : 1323-30. https://doi.org/10.1016/0895-4356(93)90101-6
  11. 권오승. 의사의 주의의무. 민사법학. 1990 ; 8 : 344-55.
  12. Lee MS, Kwon YK. A Study on the Legal Aspect of the Concept for Medical Practice in Korean Medicine through Cases Analysis. Korean Journal of Oriental Medicine. 2009 ; 15(3) : 19-10.
  13. Korean Acupuncture and Moxibustion Society. The Acupuncture and Moxibustion Medicine. 3rd rev. ed. Seoul : Jipmoon. 2012.
  14. Korean Pharmacopuncture Institute. Pharmacopuncturology. 2nd rev. ed. Seoul : Elsevier Korea. 2011.
  15. Lee JS. Study on Allergic responses Between Bee Venom and Sweet Bee Venom Pharmacopuncture. PhD thesis. Department of Oriental Medicine. Sangji University. 2007.
  16. Kerridge IH, McPhee JR. Ethical and legal issues at the interface of complementary and conventional medicine. The Medical Journal of Australia. 2004 ; 181(3) : 164-6.
  17. Kim HM. The Legal understandings on the obligatory explanation of medical practice. Korean Journal of Obstetrics and Gynecology. 2007 ; 50(12) : 1607-14.