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Negligence liability of hospitals for suicide of patient (정신질환자의 자살과 의료과오책임)

  • Son, Heung-Soo
    • The Korean Society of Law and Medicine
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    • v.7 no.2
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    • pp.9-74
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    • 2006
  • Due to the awareness of their rights for medical liability and the advancement of legal principles, it becomes also not hard to find those who seek damages against hospitals, doctors and nurses for the suicide committed under the protection of psychiatric institute in Korea these days. Judgements on these kinds of cases are not enough yet, so that it may be too early to try to find principles used in these cases, however it is hardly wrong to read following things from above cases. That is, to gain the case, plaintiffs should show (1) there exists an obligation of "due care"(there is a special relation between patients and hospitals), (2) the duty is violated on the basis of the applicable standard of care, (3) whatever injures or damages are sustained are proximately caused by the breach of duty and (4) the plaintiff suffers compensable damages. To specific, whether a psychiatric institute was liable for wrong death or not depends upon the patients conditions, circumstances and the extent of the danger the patients poses to himself or herself; in short, the foreseeability of self-inflicted harm(the doctor should have or could reasonably have foreseen the patient's suicide and the doctor's negligence actually caused the suicide). In this context if a patient exhibit strong suicidal tendencies, constant observation should be required. Negligence has been found not exist, however, when a patient abruptly and unexpectedly dashes from an attendant and jumps out a window or otherwise attempts to injure himself or herself. And the standard of conduct that is required to meet the obligation of "due care" is based on what the "reasonable practitioner" would do in like circumstances. The standard is not one of excellence or superior practice; it only re quires that the physician exercise that degree of skill and care that would be expected of the average qualified practitioner practicing under like circumstances. Most of these principles have been established at cases of the U.S.A and Japan. In this article you can also find the legal organizations of medical liability and medical contacts on the suicide of patients who have psychiatric diseases under Korean negligence law.

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Fluoroscopic the equipment study in accordance with the entrance surface dose study of patients and practitioners (투시 검사 시 장비에 따른 환자와 시술자의 입사표면선량 연구)

  • Yang, Hae-Doo;Hong, Seon-Sook;Seong, Min-Sook;Ha, Dong-Yoon
    • Korean Journal of Digital Imaging in Medicine
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    • v.15 no.2
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    • pp.13-18
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    • 2013
  • Purpose : Fluoroscopy equipment, depending on the type of changes that occur in the patient's position ESD and study the patient's scatter ray of ESD Practitioners considered a comparative analysis was to evaluate the correct dose. Materials and Methods : HITACHI four overtube type TU-8000 Flat Detector and Under tube C-Arm Philips' Multi Diagnost Eleva with Flat Detector type were measured by. Each devices is a measure of the patient's esd randophantom position in tabel unfors Xi multi funtion then fixed to the abdomen fluoroscopy and 10 seconds, spot was measured three times, practitioners of the incident surface dose by considering the patient's scatter ray of the table for each device in the average human stomach 21cm thickness acrylic phantom ($25cm{\times}25cm$) Place the practitioner position after position randophantom unfors Xi multi funtion in the thyroid and stomach 1 minute by a fixed one-time fluoroscopy and measured. Results : 10 seconds and the patient perspective of the c-arm ESD 1.2 times smaller on the AP and oblique measurements were measured in the 6-13 times smaller. spot positions to changes in the measured three times on the AP of the abdomen, ESD is 18 times smaller c-arm measurements and the oblique measurement was 19-30 times smaller. And 1 minute at practitioners fluoroscopy esd in the thyroid 2.12 times the c-arm, chest 1.75 times less the dose was measured. On the AP, depending on the device, but the lack of dose difference oblique positions of the two devices depending on changes in the area due to changes in both the AP than on the dose increased, the difference in dose between the two devices, the maximum difference was approximately 27 times. Conclusion : Fluoroscopic equipment at the time of inspection in accordance with changes in dose according to the patient and the patient's positions changes, because the area of the scatter ray considering the change of dose measurements be made, and study of the equipment according to the characteristics of the efficiency and the exposure of the patient and practitioner is considered smooth study equipment manufacturers that can be done is to build the system and think that is also important. Various fluoroscopy when you check future changes in many factors of change in dose for the equipment in the laboratory system by considering the scatter ray radiation shielding for the management to take advantage of reckless undertube have been utilized as more exposure Reduction activities can help is considered as the direction.

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An Analysis of Korean Supreme Court Cases Regarding Medical Practice and Clarifying the Meaning of Medical Practice (의료행위에 관한 용어정리 및 판례분석)

  • Noh, Tae-Heon
    • The Korean Society of Law and Medicine
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    • v.11 no.2
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    • pp.11-74
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    • 2010
  • This article analyzes legal meaning and definition of medical practice examining Korean Supreme Court cases. Until now, there is no right answer about the meaning of medical practice and it is also hard to define of it. Moreover, not only Acts and regulations containing medical practice but also many cases ruling a person who practice medicine, the concept of medical practice involves various meanings. So, it has caused confusion. In order to solve this problem, this article divides the medical practice's meaning into range and nature within prohibition article of the Medical Act about unlicensed personnel who practice medicine. After providing a explanation of the meaning of medical practice according to amendment of the Act, this article disputes the meanings of the several cases following the amendment. And then analyzing non-medical person's unlicensed medical practice and medical person's unlicensed medical practice. In order to provide more accurate legal concept of medical practice when Korean government amends the Medical Act or making policies in this field, this classifying analysis approach should be needed. Looking at the result, in general, Korean Supreme Court has interpreted unlicensed prohibition clause of the Medical Act widely; not only non-medical person's unlicensed medical practice but also medical person's unlicensed medical practice. Therefore, this article suggests that the prohibition clause needs to be careful applying to non-medical practice. Because, in fact, even though there are some necessity of non-medical practice, there are no qualificatory or license system of non-medical practitioner in the Medical Acts or regulations forbidding whole non-medical practices. Furthermore, the Supreme Court has decided medical person's unlicensed medical practice too narrowly, thus it does not keep up with rapid change of medical development and people's demands these days. Regarding this subject, in order to take advantage of medical practitioners effectively and cope with increasing people's medical demands, this article proposes that medical person's unlicensed medical practice only to be prohibited in case of endangering our public health.

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A Study on the Medical Ethics Education at Colleges of Korean Medicine (한의대 교과목으로서 의료윤리에 관한 고찰)

  • Lee, Jeong-Won;Lee, Hai-Woong
    • Journal of Society of Preventive Korean Medicine
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    • v.22 no.2
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    • pp.13-24
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    • 2018
  • Objectives : According to the data from the 2016 Yearbook of Traditional Korean Medicine, 10 out of 12 medical schools of Korean medicine are offering medical ethics. Medical ethics has become essential in Korean medicine education, but there has been no agreement on the content of education yet, so initial discussions are necessary with respect to the content and methods of education. Methods : In this study, basic data were collected by searching papers, reports, books, and media articles on medical ethics related to Korean medicine education, and by studying the website of medical schools of Korean medicine nationwide. Based on the collected data, the status of medical ethics lectures were determined and compared with the current state of medical ethics lectures by western medical schools. The contents suitable for medical ethics education at medical schools of Korean medicine were discussed. Results : The topics of the medical ethics include: the basic concepts of medical ethics, the ethics of birth, the ethics associated with genetics, the ethics associated with death, and the ethics regarding doctor-patient interaction, the ethics of medical research, medical rationing ethics, ethics between medical staffs, medical law and ethics, philosophical base of medical ethics, ethics of doctor as professional, and moral personality formation of doctor. The contents of medical ethics in traditional Korean medicine reflected views on the human body and life based on "Huangdi's Internal Classic"and medical ethics from the viewpoints of Buddhism and Confucianism. Conclusions : Medical schools of Korean medicine are medical training institutions, and medical ethics education is essential to become a Korean medicine doctor as professional worker, medical practitioner, and biomedical researcher. There is no fundamental difference in the basic principles of medical ethics in both western and Korean medicine, and there are differences in contents depending on the clinical practice. The contents of medical ethics on clinical practice should be modified for Korean medicine doctors, and traditional Korean medicine ethics would be set up upon that. In the national licensing examination, medical ethics needs to be added as one part so that all the ethical problems related to the clinical situation can be solved.

Observation of the change of the dental implant stability and bone density evaluation methods (골밀도 평가방법과 임플란트 안정성 변화의 관찰)

  • Ko, Sok-Min;Park, Sung-Jae;Kim, In-Soo;Song, Seung-Il;Lee, In-Kyung
    • Journal of Periodontal and Implant Science
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    • v.39 no.2
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    • pp.185-192
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    • 2009
  • Purpose: The aim of this study was to examine the correlation of the subjective and the objective evaluation of edentulous ridge bone quality, and to evaluate the change of the dental implant stability in each bone density group for early healing period after implant installation. Methods: Sixty-seven implants(Osstem implant$^{(R)}$, Seoul, Korea) were included in this study. We evaluated the bone density by 2 methods. The one was the subjective method which was determined by practitioner s tactile sense, the other was the objective bone type was based on Hounsfield units. The implant stability in each bone type group was assessed by resonance frequency analyzer(Osstell mentor$^{(R)}$). Data were analyzed for the change of the implant stability, and they were compared to verify the difference of groups at the time of installation, 2, 6, 10, 14 weeks postoperatively. Spearman's correlation was used to demonstrate the correlation between the subjective and the objective evaluation of the bone density, and analysis of variance(ANOVA) was used to analyze the differences of implant stability at each time point. Results: There was no close relation between the subjective and the objective evaluation of the bone density(r=0.57). In the subjective groups, there was statistically significant difference between the type 1 and 3 at 10 weeks and between the type 2 and 3 at 14 weeks. In the objective groups, there was no statistically significant difference between the D 1, 2, 3, 4, and 5 group with regard to RFA from baseline to 14 weeks(P>0.1). Conclusions: The implant stability increased over time during the study, and it was improved with bone density proportionally after 2weeks postoperatively. It is recommended that the decision of bone density is base on Hounsfield unit for implant loading time.

Effect of Acupuncture at the LU5(Reinforcement), LU10(Reduction) on the Pulsation Scale of Chon, Gwan and Chuk region using High Resolution Infrared Camera (척택.어제 침자가 고해상도 적외선 카메라로 관찰한 촌구맥 부위의 온도 Pulsation 변화에 미치는 영향 연구)

  • Na, Chang-Su;Jeon, Hyo-Sang;Kim, Jee-Hyun
    • Journal of Biomedical Engineering Research
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    • v.32 no.2
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    • pp.127-133
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    • 2011
  • Arteria radialis is a branch of the brachial artery extending down the forearm around the wrist where it closes to skin surface. In the oriental medicine, the skin above arteria radialis has an important role because oriental medicine practitioners put their finger tips on the area, and diagnose patient's health conditions by feeling the pulsation of the arterial contraction. The finger tip diagnostic method relies on subjective decision of the practitioner; and there is a need to develop an objective diagnostic modality. The pulsation of the arterial contraction appears not only a movement on the site but also as temperature fluctuation due to pulsatile feeding of warmer blood. The goal of this study is to demonstrate a feasibility of using an infrared camera quantitatively to detect the temperature fluctuation on the skin. Clinical important three different areas, called chon, gwan, chuk, near a wrist where the arteria radialis reaches close to skin surface are marked with small pieces of surgical tape. A high-speed and high-resolution infrared camera with a 3 cm of field of view measures these areas for 10 second at 200 frames per second with a 320*240 pixel size. The pulsatile temperature fluctuation is calculated after passing a band pass filter to remove any stationary temperature over 10 second. The temperature fluctuation of a healthy male volunteer is measured at a room temperature as a control, and is compared with another measurement performed after 20 minutes staying in a room at a 40 degree Celsius. This comparison is repeated for three times, and indicates that the fluctuation increases after staying 20 minutes in the warm room. This increase becomes smaller when the person stays in the warm room with an acupuncture treatment that decreases body temperature. So that an objective diagnostics on the site may become feasible.

Clinical Application of Modified Burns Wean Assessment Program Scores at First Spontaneous Breathing Trial in Weaning Patients from Mechanical Ventilation

  • Jeong, Eun Suk;Lee, Kwangha
    • Acute and Critical Care
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    • v.33 no.4
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    • pp.260-268
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    • 2018
  • Background: The purpose of this study was to evaluate the clinical application of modified Burns Wean Assessment Program (m-BWAP) scoring at first spontaneous breathing trial (SBT) as a predictor of successful liberation from mechanical ventilation (MV) in patients with endotracheal intubation. Methods: Patients requiring MV for more than 72 hours and undergoing more than one SBT in a medical intensive care unit (ICU) were prospectively enrolled over a 3-year period. The m-BWAP score at first SBT was obtained by a critical care nursing practitioner. Results: A total of 103 subjects were included in this study. Their median age was 69 years (range, 22 to 87 years) and 72 subjects (69.9%) were male. The median duration from admission to first SBT was 5 days (range, 3 to 26 days), and the rate of final successful liberation from MV was 84.5% (n=87). In the total group of patients, the successful liberation from MV group at first SBT (n=65) had significantly higher m-BWAP scores than did the unsuccessful group (median, 60; range, 43 to 80 vs. median, 53; range, 33 to 70; P<0.001). Also, the area under the m-BWAP curve for predicting successful liberation of MV was 0.748 (95% confidence interval, 0.650 to 0.847), while the cutoff value based on Youden's index was 53 (sensitivity, 76%; specificity, 64%). Conclusions: The present data show that the m-BWAP score represents a good predictor of weaning success in patients with an endotracheal tube in place at first SBT.

Management of gunshot wounds near the elbow: experiences at a high-volume level I trauma center

  • Umar Ghilzai;Abdullah Ghali;Aaron Singh;Thomas Wesley Mitchell;Scott A. Mitchell
    • Clinics in Shoulder and Elbow
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    • v.27 no.1
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    • pp.3-10
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    • 2024
  • Background: Gunshot-related fractures near the elbow are challenging, and available data to guide the practitioner are lacking. This report analyzes injury patterns and treatment strategies in a case series from a high-volume urban trauma center. Methods: All periarticular gunshot fractures near the elbow treated at a level 1 trauma center from 2014 to 2018 were retrospectively reviewed. Fracture location, patient demographics, concomitant injuries, treatment modalities, and complications were analyzed. Results: Twenty-four patients were identified. All patients received prophylactic antibiotics upon admission and underwent urgent surgical debridement. Open reduction and internal fixation (ORIF) was performed with initial debridement in 22 of 24 patients. Seven patients sustained distal humerus fractures, 10 patients sustained isolated proximal ulna or proximal radius fractures, and seven had combined fracture patterns. Eleven patients presented with nerve palsy, and two had transected nerves. Two patients had vascular injury requiring repair. One patient required a temporary elbow-spanning external fixator and underwent staged debridement followed by ORIF. One patient with a grade IIIC fracture developed a deep infection that precluded ORIF. One patient required revision ORIF due to fracture displacement. Conclusions: This investigation reports on management of ballistic fractures near the elbow at a busy urban level I trauma center. Our management centered on rapid debridement, early definitive fixation, and intravenous antibiotic administration. We report on associated neurovascular injury, bone loss, and other challenges in this patient population. Level of evidence: IV.

Incidence of Paresthesia Related to the Insertion Length of Catheter during the Epidural Catheterization (경막외강 카테터 삽입 시 삽입 길이와 감각이상의 빈도)

  • Lim, Jun Goo;Kim, Young Jae;Cho, Jae Heung;Lee, Sang Eun;Kim, Young Hwan;Lim, Se Hoon;Lee, Jeong Han;Lee, Kun Moo;Cheong, Soon Ho;Choi, Young Kyun;Shin, Chee Mahn
    • The Korean Journal of Pain
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    • v.20 no.1
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    • pp.50-53
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    • 2007
  • Background: Continuous epidural catheterization is a popular and effective procedure for postoperative analgesia. However, continuous epidural catheterization has associated complications such as venous puncture, dural puncture, subarachnoid cannulation, suboptimal catheter placement, and paresthesia because the tip of the epidural catheter touches thenerves of the dura in the epidural space. In this study, we compared the incidence of paresthesia in two different lengths of epidural catheter insertion. Methods: One hundred women undergoing gynecologic or orthopedic surgery were enrolled in this prospective, double-blinded, randomized study. All patients were randomly divided into two groups based on the insertion length of the epidural catheter 2 cm (group A) or 4 cm (group B). A Tuohy needle was inserted in the lumbarspinal region with a bevel directed cephalad by use of the median approach, and then the epidural space was confirmed by the loss of resistance technique with air. While the practitioner inserted an epidural catheter into the epidural space, a blind observer checked for paresthesia or withdrawal movement. Results: In 97 included patients, 30.6% of the patients in group A (n = 49) had paresthesia, versus 31.3% in group B (n = 48). Withdrawal movements were represented in 2% and 6% of the patients in group A and group B, respectively. There was no difference in the incidence of paresthesia and withdrawal movement between the two groups. Conclusions: There is no clear relationship for the incidence of catheter-related paresthesia according to the catheter length inserted into the epidural space for epidural analgesia.

Knowledge and Attitudes of Indonesian General Practitioners Towards the Isoniazid Preventive Therapy Program in Indonesia

  • Winardi, Wira;Nalapraya, Widhy Yudistira;Sarifuddin, Sarifuddin;Anwar, Samsul;Yufika, Amanda;Wibowo, Adityo;Fadhil, Iziddin;Wahyuni MS, Hendra;Arliny, Yunita;Yanifitri, Dewi Behtri;Zulfikar, Teuku;Harapan, Harapan
    • Journal of Preventive Medicine and Public Health
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    • v.55 no.5
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    • pp.428-435
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    • 2022
  • Objectives: The Indonesian Ministry of Health launched isoniazid preventive therapy (IPT) in 2016, with general practitioners (GPs) at the frontline of this program. However, the extent to which GPs have internalized this program remains uncertain. The aim of this study was to identify the knowledge and attitudes of GPs towards the IPT program in Indonesia. Methods: This study used an online, self-administered questionnaire distributed via e-mail and social messaging services. A logistic regression model was employed to identify the explanatory variables influencing the level of knowledge and attitudes toward IPT among GPs in Indonesia. An empirical analysis was conducted separately for each response variable (knowledge and attitudes). Results: Of the 418 respondents, 128 (30.6%) had a good knowledge of IPT. Working at a public hospital was the only variable associated with good knowledge, with an adjusted odds ratio (aOR) of 1.69 (95% confidence interval [CI], 1.02 to 2.81). Furthermore, 279 respondents (66.7%) had favorable attitudes toward IPT. In the adjusted logistic regression analysis, good knowledge (aOR, 0.55; 95% CI, 0.34 to 0.89), 1-5 years of work experience (aOR, 2.09; 95% CI, 1.21 to 3.60), and having experienced IPT training (aOR, 0.48; 95% CI, 0.25 to 0.93), were significantly associated with favorable attitudes. Conclusions: In general, GPs in Indonesia had favorable attitudes toward IPT. However, their knowledge of IPT was limited. GPs are an essential element of the IPT program in the country, and therefore, adequate information dissemination to improve their understanding is critical for the long-term viability and quality of the IPT program in Indonesia.