Journal of Medicine and Life Science

Institute for Medical Science (제주대학교 의과학연구소)
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Act on hospice-palliative care and life-sustaining treatment decision-making and institutional measures for its implementation

연명의료결정법의 시행과 제도적 실현을 위한 방안

  • Huh, Jung-Sik (Department of Urology, Jeju National University, School of Medicine) ;
  • Kim, Ki-Young (Korea University, Center for Good Doctor)
  • 허정식 (제주대학교 의학전문대학원 비뇨기과학교실) ;
  • 김기영 (고려대학교 좋은의사연구소)
  • Received : 2019.12.09
  • Accepted : 2019.12.28
  • Published : 2019.12.31
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Abstract

First of all, this study shows the legal issues of hospice and palliative care, and the legal basis for lifelong medical practice is generally derived from medical, civil and criminal law regulations, and is applied to patients who are severely ill and dying in principle. In addition, those what is particularly meaningful about hospice and palliative care in terms of legal aspects are discussed the determination of the purpose of care and the provision of medical adaptability and adult guardianship, in particular the legal criteria for the work and status of patient representatives. As such, the purpose of care is to form part of the contract of care and to be agreed between the patient and the physician. In addition, the patient may not write to his/her agent in advance, and the patient may admit discretionary powers to his/her agent, but the patient's will is to be considered. In conclusion, the medical institutional ethics committee should play an active role, especially in the case of no-agents/family or no intention of the patient.

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References

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