The Korean Society of Law and Medicine (의료법학)
- Volume 14 Issue 1
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- Pages.43-83
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- 2013
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- 1229-8069(pISSN)
Fundamental Idea and Actuality of the Medical Dispute Mediation Act
의료분쟁조정법의 기본이념과 현실
- Kim, Min-Joong (Chonbuk University Law School)
- 김민중 (전북대학교 법학전문대학원)
- Received : 2013.05.03
- Accepted : 2013.06.10
- Published : 2013.06.30
Abstract
Medical treatment has great potential for conflict. Even the best-trained doctors can commit medical malpractice that result in continuing physical or mental disabilities or even death. Medical conflicts have been increasing over years. The medical conflicts between patient and medical professionals that result from medical professionals' mistakes are often fueled by a violation on the pretext of the injuries form medical malpractice and can lead to litigation. The litigation usually cost a lot of money and time. The extension of the litigation period as well as expensive cost and lack of medical knowledge placing a great burden on patients. Alternative Dispute Resolution(ADR) is more efficient than litigation. In 1988, the medical dispute mediation system has been introduces as the Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation by Korean Medical Association came into effect after 23 years of enactment efforts. Medical Dispute Mediation Act(hereinafter referred to as the "MDMA") has finally entered into force from 8 April 2012. The purpose of the MDMA is to promptly and fairly redress injuries caused by medical malpractice and create a stable environment for medical services of public health or medical professionals by providing for matters regarding the mediation and arbitration of medical disputes(MDMA
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