• 의료법학
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• 제18권2호
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• pp.75-103
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• 2017

국민건강보험법상 급여에는 요양급여와 법정비급여가 있지만, 그 이외에도 임의비급여가 있다. 임의비급여는 법정 비급여가 아님에도 불구하고 의료기관이 비급여로 처리하고 환자로부터 진료비를 받는 것을 말하지만, 이러한 임의비급여에 대해서는 국민건강보험법령에서는 아무런 규정을 두지 않고 있다. 대법원 2012. 6. 18. 선고 2010두 27639, 27646 전원합의체 판결은 종전의 부정적인 법리를 폐기하면서, 민법상 기본원칙인 사적자치의 원칙에 기초한 민사법적 쟁점이 임의비급여에 기본적 전제로 포함되어 있음을 확인하였다. 대법원에서 제시한 (1) 편입 또는 조정절차 부존재, 존재하면 회피 불가피성, (2) 의학적 안전성과 유효성 및 필요성, (3) 충분한 설명과 동의 요건은 예외적 요건으로서 그 해석에 있어서 매우 신중을 기해야 할 것이다. (1)의 요건은 임의비급여에 해당하는 질병 중 치명적이거나 이환속도가 매우 빠른 질환에 해당하는 경우에는 그 해석을 엄격하게 하는 것은 매우 부적절하다고 생각된다. (2)의 요건은 그 적용의 구체적 판단을 의료계의 전문가적 감정에 일임하는 것이 합리적이고, 법원은 그 의료계의 감정이 적절하였는지 여부를 판단하는 것에 그칠 수밖에 없다. (3)의 요건은 의사의 충분한 설명과 그에 따른 환자의 동의이지만, 그 중에서 가장 중요한 것은 의사의 충분한 설명에 있다. 2010두27639, 27646 판결 이후에 선고된 대부분의 판결에서는 위 3개 요건의 불비를 이유로 기각하는 사례가 많았다.

• 척추신경추나의학회지
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• 제6권1호
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• pp.89-96
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• 2011

Objective : The purpose of this study is to evaluate the korean medical treatment for compressive neuropathy of radial nerve, especially chuna treatment of cervical vertebrae. Methods : Two patients were treated with acupuncture and moxibustion, herbal medication, chuna treatment on cervical vertebrae. To evaluate the wrist drop and numbness of hand, Coding Result of arbitrary values and manual muscle test(MMT), visual analogue scale(VAS) were used. Results : After 2 weeks-treatment(in case 1) & 5 weeks-treatment(in case 2), the movement and power of wrist were restored to nearly normal range, also the numbness of hands was removed. All cases show the improvement in the movement of wrist and the numbness of hands. Conclusions : Korean medical treatment including cervical manual therapy as chuna treatment is remarkably effective for radial nerve palsy. But further studies are required to concretely prove the effectiveness of chuna treatment on central vertebrae for peripheral neuropathy.

• 정신신체의학
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• 제3권2호
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• pp.214-221
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• 1995

There appears to be an increased incidence of anxiety symptoms in association with certain medical illness. It is usually assumed that certain medical disorders are directly associated with anxiety symptoms in that the pathophysilolgy of the medical illness somehow causes the anxiety symptoms. However, the pathophysilolgies of many such medical illnesses as well as anxiety are not known and no discrete group of medical illnesses is clearly more likely to produce anxiety symptoms than any other Moreover, anxiety symptoms may be the representation of other psychiatric symptoms, like depression and delirium. Though it is important to differentiate primary and other causes(secondary) of anxiety clinically, the clear differentiation is somewhat arbitrary, as the confusion of mind-body dichotomy. for the purpose of accurate treatment of anxiety symptoms relating medical illness, this review article focuses on those clinical features and mechanisms of anxiety that are potentially useful in differential diagnosis.

• 의료법학
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• 제8권2호
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• pp.69-118
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• 2007

In providing general medical treatments, the medical service contract between the patient and the doctor is the mutually responsible onerous contract. However, the nature of the mutually assumed contract standings of the patient and the doctor has been changing since the implementation of the national health insurance program. For instance, besides the cases of beyond excessive medical charges and medical negligence, if the doctor charged for his/her medical treatments violating the post-treatment/nursing cover criteria, the overpaid medical charge, regardless of being collected with the patient's consent, has to be refunded back to the patient. Medically needed aspects, treatment results, and unfair benefits favoring the patient are not at all taken into consideration in the health insurance scheme. This makes it easier for patients to get refunds for their share of the medical payments by involving the Health Insurance Review & Assessment Service or the National Health Insurance Corporation, without engaging in civil law suits (for reimbursement claim) against doctors. In other words, the doctor's responsibility to provide medical treatments and the patient's responsibility to pay for the medical treatment provided within the contractual realm are being demolished by the administrational arbitration of the National Health Insurance system. The basic rights of medical service providers, and the patient's right to choose are as important constitutional rights, as the National Health Insurance program, which is essential in the social welfare system. Furthermore, the development of the medical fields should not be prevented by the National Health Insurance system. If the medical treatment services can be divided into necessary treatments, general treatments, and high quality treatments, the National Health Insurance is supposed to guarantee the necessary and general treatments to provide medical treatments equally to all the insured with limited financial resources. However, for the high quality treatments, it is recommended that they should not be interfered by the National Health Insurance system, and that they should be left to the private contract between the patient and the doctor.

• Communications for Statistical Applications and Methods
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• 제23권1호
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• pp.1-20
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• 2016

Causal inference methodologies have been developed for the past decade to estimate the unconfounded effect of an exposure under several key assumptions. These assumptions include, but are not limited to, the stable unit treatment value assumption, the strong ignorability of treatment assignment assumption, and the assumption that propensity scores be bounded away from zero and one (the positivity assumption). Of these assumptions, the first two have received much attention in the literature. Yet the positivity assumption has been recently discussed in only a few papers. Propensity scores of zero or one are indicative of deterministic exposure so that causal effects cannot be defined for these subjects. Therefore, these subjects need to be removed because no comparable comparison groups can be found for such subjects. In this paper, using currently available causal inference methods, we evaluate the effect of arbitrary cutoffs in the distribution of propensity scores and the impact of those decisions on bias and efficiency. We propose a tree-based method that performs well in terms of bias reduction when the definition of positivity is based on a single confounder. This tree-based method can be easily implemented using the statistical software program, R. R code for the studies is available online.

• Journal of Acupuncture Research
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• 제26권6호
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• pp.241-249
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• 2009

Objectives : The purpose of this study is to report the patients with compressive neuropathy of the radial nerve(Saturday Night Palsy), who was improved by acupuncture and Sweet Bee Venom(SBV) treatment. Methods & Results : The patients were hospitalized or outpatient in Dept. of Acupuncture & Moxibustion, traditional korean medical hospital, Sangji University from 1st, Dec. 2008 to 30th June 2009, and treated with acupuncture, SBV, electrical stimulation therapy and herbal medication therapy. To evaluate the wrist drop and numbness of fingers, coding result(Arbitrary values used to evaluate result) and digital infrared thermal image, which was well defined diagnostic tool estimating skin surface temperature difference, were used. As a result, patient symptoms were improved remarkably. Conclusions : Patients were treated during 6 weeks in average. 2 cases were excellent and 1 case was evaluated good result by the acupuncture, Sweet Bee Venom, electrical stimulation therapy.

• 의료법학
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• 제5권2호
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• pp.294-319
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• 2004

Because the treatment of a physician generally pertains to the intrusion into body of a patient, his/her consent is a must in order for such conduct to be justifiable. To ensure effective consent of a patient, the physician should fully inform him/her of kind and details of the disease and way of treatment and risks associated with it. The patient can, then, make a decision whether he/she should accept any treatment or operation, if necessary, on the basis of such information. The obligation of physicians to explain has since long been recognized as important in view of guaranteeing the rights of patients for self-decision and protecting them from arbitrary assessment of physicians for treatment. Progress has been made in this respect even to the extent that physicians treat patients on equal terms and think first of all much of establishing trustworthy relationships with patients. Lots of studies in Korea and foreign countries have tried to explore the issues concerning the obligation of physicians to explain in the meantime but seem to have failed to make concrete and versatile approaches from the standpoint of protecting the rights of patients. Wouldn't it be really possible for patients to perceive their own rights and cope actively with the medical treatments? If physicians have full understanding to the rights of patients, they will be put in a better situation to protect themselves and patients, in turn, can identify their own responsibility correctly, which will eventually contribute to fulfilling the goal of treatment. With this background, the present paper examines briefly the obligations of physicians for explanation based mainly on the preceding theories and judicial precedents in the first place and then deals with the status quo and contents of the German medical laws, with a focus on the treaty of European Law 1997 and its working document on the applications of genetics for health purposes that stipulate the detailed criteria on the medical treatment and rights of patients and Germany's $\ulcorner$Charter of Rights for Patients$\lrcorner$ promulgated in 2003.

• 한국의학물리학회:학술대회논문집
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• 한국의학물리학회 2002년도 Proceedings
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• pp.436-438
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• 2002

As the use of virtual simulation expands, digitally reconstructed radiographs (DRRs), which mimic conventional simulation films, play an increasingly important role as reference images in the verification of treatment fields. The purpose of our study is to develop an algorithm for computation of digitally reconstructed radiographs based on Monte Carlo simulation that take into account almost all possible physical processes by which photons interact with matter. The Monte Carlo simulation based DRRs have the following features. 1) Account has been taken of almost all possible physical processes of interaction of photons with matter, including a detector (film) response. In principle, this is equivalent to X-ray radiography. 2) Arbitrary photon energies (from diagnostic to therapeutic) can be used to produce DRRs. One can even use electrons as the source. 3) It is easy to produce a double exposure, which mimics the double exposure portal image and may have superior visual appeal for treatment field verification, with weighting within the treatment field.

• 의료법학
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• 제16권2호
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• pp.3-26
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• 2015

수술행위는 신체에 대한 침습을 포함하는 것이므로 의료인은 수술주체와 수술행위의 내용을 충분히 설명하여 환자가 그 수술을 받을 것인지의 여부를 선택하도록 하여야 하고, 이는 헌법 제10조에서 규정한 개인의 인격권과 행복추구권에 의하여 보호되는 환자의 자기결정권에 해당한다. 미국에서는 '대리수술'의 경우 폭행에 해당한다고 판단한 사례가 있으나, 국내에서는 아직까지 수술의사에 대한 상해죄 등을 인정한 사례가 없고, 수술행위는 환자의 신체에 대한 적대적인 손상행위가 아니므로 상해죄로 처벌하기 어려운 면이 있다. 또한 환자의 '가정적 승낙'을 폭넓게 인정하는 판례의 입장에 따르면 의사의 전단적 의료행위에 대하여 업무상과실치사상죄로 처벌하기도 어려우므로, 환자의 자기결정권 강화를 위하여 의사의 설명의무를 의료법 등에 명문화하고, 대리수술 등 전단적 의료행위에 대하여 별도의 처벌규정을 입법화할 필요가 있다.

• 의료법학
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• 제12권1호
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• pp.177-225
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• 2011

Verdicts related to major medical litigation given by the Seoul Central District Court, the Seoul High Court and the Supreme Court in 2010 were analyzed. It's shown that in cases of the medical negligence regarding the occurrence of neonatal cerebral palsy, the plaintiff claims were dismissed using criteria proposed by associations of Obstetrics and Gynecology and Pediatrics in US, and thereof the burden of plaintiffs to prove the medical negligence has increased. In addition, in case of that the expected survival period of infants gets longer, payments for treatment and nursing after survival period determined by judges are made and it was judged to compensate it as a periodical indemnity. In case for the explanation obligation the most frequently mentioned in the medical litigation, in addition to cases of invoking the existing theory of explanation obligation, verdicts to mention the instructions of theory regarding instruction explanation obligation and the possibility of compensation for damages on property are given. Particularly, in cases for a liability of reparation by exaggerating the effects and not disclosing the risks related to treatment with stem cells, even if the treatment not approved by Food and Drug Administration is in violation of the Pharmaceutical Affairs Law, it's not illegal as violation in Pharmaceutical Affairs Law itself. But there is a certain verdict to present the possibility of an extension of the theory of explanation obligation by acknowledging the liability of reparation caused by illegal acts with no explanations of effects and risks of treatment with stem cell by doctors and pharmaceutical companies. In an incident in which a mental patient fell and died through the opened door of the roof at the hospital, a liability of reparation was acknowledged due to defects in structure installation management and this verdict drew an attention since the overall management responsibility about patients including structures was acknowledged to the hospital besides the obligations on medical practice. In case of the verdict without giving the opportunity to state the opinion with respect to the main legal issues, the responsibility of the court was emphasized since the court did not fulfill the explanation obligations. There were some cases in which payments for nursing and caring to a patient in vegetative state during the plastic surgery was admitted. However, in dental-related incidents, the proportion of cases in which plaintiff won was low since the difficulty of proving may be reflected. In the area of administrative litigation, unlike the existing position regarding arbitrary medical charge cover collected from patients in hospital, the verdict to admit the legitimacy of collection of medical treatment was given and attracted the attention of people. Verdict in which the expression related to medical advertisement was not exaggerated disposed the original verdict and pointed out the problem of excessive regulations on medical advertisement. The effort to analyze the trend of verdicts of court through reviewing the decisions and to organize should be continued, but the full decision should be disclosed as a base, and people and systems to enable the all time monitoring should be prepared.