• Title/Summary/Keyword: Medical conflict

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Study of Legal Issues on Complex Regional Pain Syndrome (CRPS) - Focusing on issues in damage compensation lawsuit - (복합부위통증증후군(CRPS)에 관한 법적 문제 고찰 - 손해배상소송의 쟁점을 중심으로 -)

  • Bae, Hyun-Mo
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.91-116
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    • 2010
  • As Complex Regional Pain Syndrome (CRPS) is a new and rare illness, medical cause for it has not yet been clearly found out. Nevertheless, the patients continue to file lawsuits for damage compensation against wrongdoers or their insurers, claiming that the cause of the illness is certain actions of the wrongdoers. Moreover, the claim amount reaches to hundreds of millions of won through billions of won unlike other illnesses. Therefore, CRPS has become an important legal issue in the damage compensation lawsuit. Even though the wound is slight, the development and result may be serious in the case of CRPS. As a result, a sharp conflict arises even regarding medical diagnosis of CRPS in the lawsuit. And, even if the medical diagnosis of CRPS is admitted, severe debates occurs with regard to many issues, which include the causation between accident and CRPS in connection with establishment of damage compensation liability and scope of liability like anamnesis, determination standard of aftereffect disability, and scope of admitted aftereffect medical expense in connection with scope of damage compensation. In this study, I will review fundamental medical research on CRPS up to now and discuss principal legal issues in the damage compensation lawsuit focusing on lower court rulings.

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A Review on Consent to the Medical Treatment in the case of Foreign Determination (의료행위와 대리승낙)

  • Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.15 no.1
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    • pp.303-333
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    • 2014
  • The right to self-determination in regard to one's body is a key element of human dignity, privacy and freedom. It is constitutionally enshrined in the guarantee of human dignity, in the general right of personality and, most concretely of all, in the right to physical integrity. In principle No-one may trespass another person's body against his will, whether this act improves his physical condition or not. This right of self-determination applies equally to healthy and to sick people. Hence everyone has the right either to permit or to refuse a medical treatment, unless he can not make a rational decision. If the person does not consent himself, for whatever reason, another one must do for him as guardian. Representation in consent to medical treatment is therefore the exception of self-determination rule. This article explored, 1. who can consent to the medical treatment in the case of the mentally incapacitated adult and the infant, 2. what kind of consent to the medical treatment can the deputy determinate for the mentally incapacitated adult and the infant, 3. when the deputy can not determinate without permission of the court, and 4. what can the doctor do in the case of conflict between minors and guardians.

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A Study on the Development and Validation of the Local Clinic Medical Doctor Role Stress Scale: Focusing on Local Clinic Medical Doctor (개원의 역할스트레스 척도 개발 및 타당화 연구: 1차 의료기관 개원의를 중심으로)

  • Song, Young-Ah;Kim, Ji-Hyeon
    • The Korean Journal of Health Service Management
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    • v.12 no.1
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    • pp.23-34
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    • 2018
  • Objectives : This study developed and validated the local clinic Medical Doctor Role Stress Scale(MDRS). Methods : The interviews were conducted with 12 local clinic medical doctors to develop final preliminary questions. The scale was developed using statistical item analysis, exploratory and confirmatory factor analysis surveys with local clinic medical doctors in Seoul, Busan, Daejeon, and Gyeonggi province. Results : The MDRS developed in this study consisted of 14 items and three factors. The factors were role conflict, role ambiguity and role overload. The three factors explained 56.71% of the total variance, and the internal consistency of this scale was .90. The internal consistency for each factor was .81 ~ .90. Confirmatory factor analysis through a separate sampling met the fit criteria (CFI = .941, TLI = .927, RMSEA = .079, SRMR = .069). Conclusions : The results indicate that this scale is a reliable instrument for assessing local clinic medical doctor role stress.

An exploratory factor analysis on the burden of responding to violence: data obtained from 119 emergency medical technicians (119 구급대원의 폭력대응 시 부담감에 대한 탐색적 요인분석)

  • Ga-Yeon, Lee;Eun-Sook, Choi
    • The Korean Journal of Emergency Medical Services
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    • v.26 no.3
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    • pp.7-19
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    • 2022
  • Purpose: The purpose of this study was to confirm the exploratory factor analysis and reliability analysis of the burden of 119 emergency medical technicians. Methods: The data collection period was from November 2, 2022 to November 6, 2022. This study had 316 subjects, and the collected data were analyzed using exploratory factor analysis and Cronbach's α coefficient using IBM SPSS statistics 27.0. Results: The reliability was .924. The exploratory factor analysis yielded the following information: the first factor was lack of violence policy, the second factor was conflict between the organization and the paramedics, the third factor was lack of psychological support, and the fourth factor was lack of education and communication. The explanation power of 4 factors was 54.31%. Conclusion: This study is significant as it performs exploratory factor analysis as a preliminary step in the development of a burden measurement tool.

A Study on the Bencao Classification System in Materia Medica of East Asian Medical History (역대 본초서(本草書)의 본초분류체계에 대한 연구)

  • Baek Myunghun;Shin Sang-won
    • Journal of Korean Medical classics
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    • v.36 no.3
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    • pp.89-128
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    • 2023
  • Objectives : This study aims to diachronically examine the classification systems of all materia medica, followed by categorization and analysis of each category to deduce each category's characteristic. This will provide foundation for further examining classifications of bencao in contemporary herbology. Methods : Classification systems from a total of 93 bencao related texts were collected and categorized. Each category's classification system was analyzed to determine its meaning. The classification systems were compared from a diachronic perspective, to further deduce each system's problem from a historical context. Results : The classification systems of materia medica could be summarized as following three standards: quality, origin, and medical application. In reality, bencao could be generally classified according to origin and medical application. The origin-based classification system provided a stable and flexible classification outline in the expansion process of bencao. The medical application-based classification strengthened the relationship between bencao and illness pattern, improving clinical applicability. Conclusions : In the history of herbology, the two classification systems created the current of herbology through mutual contribution and conflict. We hope that further discussion on the direction towards which classification system of bencao in contemporary herbology should head will proceed based on this study.

A Re-discussion on the Characteristics of Medicine (의료행위의 특질 재론)

  • HeeTae Suk
    • The Korean Society of Law and Medicine
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    • v.25 no.1
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    • pp.3-58
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    • 2024
  • It has become a general idea today that the characteristics of medicine should be considered as a basis when discussing a medical personnel's duty of care and whether or not it has been violated, and when discussing its duty of explanation and whether or not it has been fulfilled in medical practice. However, in the discussion of its characteristics, some shortcomings still exist, so the need for a re-discussion has been raised. Firstly, existing discussions on characteristics have failed to comprehensively grasp and explain the characteristics of medical practice. Secondly, in some researchers' arguments, there are discrepancies between the terms used to express characteristics and their conceptual definitions or content. Thirdly, the lack of exemplified cases that reflect the characteristics of medicine - especially Supreme Court precedents - has led some to think negatively about the recognition and reflection of certain characteristics. In my early writings, I have described five characteristics of medical practice: 'conflict in medical goals', 'initiating appropriate medical actions (progression of illness)', 'dynamics of medical intervention (diversity of symptoms)', 'diversity of medical effects', 'inherent risk of medical treatment (invasiveness)'. In this paper, keeping in mind the reasons for the need for reconsideration, I aim to analyze the characteristics of medicine in detail and cite key parts of representative Korean Supreme Court precedents that reflect each characteristic. The characteristics of medicine extracted from this paper are; There are ten factors, including the legitimacy of the essence of medical practice, timeliness of medical execution, dynamics of medical progress, diversity of medical effects, risk of medical invasion, non-uniformity of medical methods, limitations of medical capabilities, intervention of the medical subject, high degree of medical standards, and maldistribution of medical data.

Did the current correspondence scheme between Five Viscera and Five Phases arise from social and humane hegemony conflict? -some clues from "Changgongyeoljeon(倉公列傳)" in "Sagi(史記)" (현행 오장-오행 배속은 사상 논쟁의 산물인가 -"사기.창공열전"을 중심으로-)

  • Jang, Mi-Jung;Kim, Ki-Wang
    • Journal of Korean Medical classics
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    • v.23 no.3
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    • pp.127-138
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    • 2010
  • Traditional Chinese Medicine is based on Five Phase theory that link Liver, Heart, Spleen, Lung, Kidney to Wood, Fire, Earth, Metal, Water respectively. Recently, some argue that this correspondence scheme had been established by political or socio-humane issues in early Eastern Han dynasty. But according to our analysis on Changgongyeoljeon(in Sagi), it has been revealed that this scheme had their own history from early Western Han dynasty. So we may conclude that people with medical profession had preserved the current correspondence scheme in Five Phase theory regardless trends of literature and politics in Western and Eastern Han dynasty.

Effect of Role Stress on Career Commitment and Turnover Intention of Hospital Workers (의료기관 종사자의 역할 스트레스가 경력몰입과 이직의도에 미치는 영향)

  • Sang-Sik Lee;Dong-Il Choi;Duk-Young Cho
    • Journal of Industrial Convergence
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    • v.21 no.10
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    • pp.141-150
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    • 2023
  • The purpose of this study is to empirically analyze the impact of role stress (role conflict, role ambiguity, and role overload) on career commitment and turnover intention in small and medium-sized hospital workers in Busan. The subjects of the study were 418 nursing and administrative workers engaged in hospitals and general hospitals in Busan. Frequency analysis, correlation analysis, and regression analysis were conducted for empirical analysis. The results of the study are as follows. First, significant differences in some research variables were identified according to gender, age, educational background, marital status, and working years. Depending on the job type, there were significant differences in all variables such as role conflict, role ambiguity, role overload, career commitment, and turnover intention. Second, role stress was found to have a significant negative effect on career commitment and a significant positive effect on turnover intention. Among the role stress, it was confirmed that the role overload had the strongest influence on career commitment and turnover intention. This study is meaningful in that it analyzed the influence of role stress, including workers in all occupations, including nursing jobs, and empirically revealed the meaning of role stress as an explanatory variable of career commitment and turnover intention.

왕실의 의약(議藥)

  • Hong, Seyoung
    • The Journal of Korean Medical History
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    • v.23 no.1
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    • pp.105-113
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    • 2010
  • Seungjeongwon Ilgi["承政院日記"], the Diaries of Royal Secretariat of the Joeson Dynasty is the most massive compilation of records in Korean history. Medical records in Seungjeongwon Ilgi have been studied but the procedures of clinical discussion[議藥] have not yet been studied. In this paper, main agents of clinical discussion, formation of participant doctor system, particularity of clinical discussion in Royal Court and problems derived from it will be discussed. Main agents of clinical discussion were court doctors[內醫], royal doctors[御醫] and participant doctors[議藥同參]. The king himself decided ultimately as a matter of form. Head of the Medical Dpt. of the Palace[藥房都提調] was in charge of attending to king, but head of the court doctor[首醫] led the actual discussion of deciding treatment. The Medical Dpt. of the Palace[內醫院] was divided into three sectors-court doctor division, acupuncture doctor division and participant doctor division. Palace doctors payed a great attention to avoid serious error. This tendency led them occasionally to passive management. Sometimes aggressive treatment is needed in the course of treating disease, but palace doctors tended to choose slow and gradual methods. It induced minor conflict between palace doctors and participant doctors from outside palace, because doctors from outside palace subordinated effectiveness. Their opinion had not been always recognized by court doctors. However, their role was meaningful because they provided flexibility to the rigidity of clinical discussion in the palace. It is important to evaluate clinical records in Seungjeongwon Ilgi["承政院日記"]. If we have broader eye on the clinical procedure in the palace, we can estimate the value of the contents more objectively and accurately.

Comparison reference books and details on text of Yukgyeong(六輕) in Uihakyimmun.Sanghanpyeon(醫學入門.傷寒篇) ("의학입문(醫學入門).상한편(傷寒篇)"중 "육경(六經)"조(條)의 인용서(引用書)와 내용 비교)

  • Kim, Kyeong-Suk;Jo, Hak-Jun;Kim, Jeung-Beum
    • Journal of Korean Medical classics
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    • v.21 no.2
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    • pp.59-85
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    • 2008
  • On the text of Yukgyeong(六經) in "Sanghanpyeon(傷寒篇) in Uihakyimmun(醫學入門)", we got some conclusion like below, and the study was mainly referred to "Hwangjenaegyoungju(黃帝內經注)" written by Wangbing(王氷), "Juhaesanghanron(注解傷寒論)", "Sanghanrye(傷寒例)" by Seongmugi(成無己), "Namyanghwalinseo(南陽活人書)", "Sanghanbaekmun(傷寒百問)" by Jugoeng(朱肱), "Sanghanbaekjeungga(傷寒百證歌)" by Heosukmi(許叔微), and "Injejikji(仁齊直指)" by Yangsayeong(楊士瀛). 'Gyeong(經)' quoted in "Sanghanpyeon(傷寒篇) in Uihakyimmun(醫學入門)" meant not only quoted from "Naegyoung(內經)", but "Sanghanron(傷寒論)" by Jangjunggyeong(張仲景). All the symptoms of Yukgyeong(六經) was sorted on the basis of "Juhaesanghanron(注解傷寒論)", and we can find the symptoms of Soyang(少陽) in the editing of Taeyangbyoung(太陽病), also symptoms of Taeeum(太陰) in Yangmyeongbyoung(陽明病). On the changing order of Yukgyeong(六經), "Jeungjuryujeunghwalinseo(增注類證活人書)" explained it through conflict of five stage, but "Uihakimmun(醫學入門)" interpreted it with proper and inverse condition of main stream of Yukgi(六氣).

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