• Title/Summary/Keyword: Medical treatment law

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The Medico-Legal and Ethical Problems of Withholding / Withdrawing of Futile Life-Sustaining Mechanical Respirator treatment (연명(延命)치료적 인공기계호흡요법의 보류(保留)/중지(中止)를 전후한, 법의학적 및 윤리적 문제들과 그 대처방안)

  • KIM, Keun-Youl
    • Tuberculosis and Respiratory Diseases
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    • v.58 no.3
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    • pp.213-229
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    • 2005
  • The first and the longest criminal indictment case of Korean medico-legal battle, so called BORAMAE Hospital Incident, was finally on its end by Korean Supreme Court's decision on June 24, 2004, after 7 years long legal dispute via Seoul District Court and Seoul Superior Appeal Court's decision. Boramae Hospital case was the first Korean legal case of Withdrawing Life-sustaining treatment of mechanical respirator on 58 years old Extradural Hematoma victim who was on Respirator under Coma after multi-organ failure postoperatively(APACHE II score: 34-39). Two physicians who have involved patient's care and had helped to make discharge the Near-death patient to home after repeated demand of patient's wife, due to economic reason, were sentenced as homicidal crime. This review article will discuss the following items with the review of US cases, Quinlan(1976), Nancy Cruzan(1990), Barber (1983), Helen Wanglie(1990), Baby K (1994) and Baby L cases, along with Official Statement of ATS and other Academic dignitaries of US and World.: [1] Details of Boramae Hospital incident, medical facts description and legal language of homicidal crime sentence. [2] The medical dispute about the legal misinterpretation of patient's clinical status, regarding the severity of the victim with multi-organs failure on Respirator under coma with least chance of recovery, less than 10% probability. [3] Case study of US, of similar situation. [4] Introduction of ATS official Statement on Withdrawing/ Withholding Life sustaining treatment. [5] Patient Autonomy as basic principle. [6] The procedural formality in Medical practise for keeping the legitimacy. [7] The definition of Medical Futility and its dispute. [8] Dying in Dignity and PAS(Physician Assisted Suicide)/and/or Euthanasia [9] The Korean version of "Dying in Dignity", based on the Supreme Court's decision of Boramae Hospital incident (2004.6.24.) [10] Summary and Author's Note for future prospects.

A Study on the Legislation of Telemedicine in France (프랑스 원격의료 법제에 관한 고찰)

  • JUNG, Kwanseon
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.141-169
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    • 2022
  • Article 34 of 'Medical Service Act' of Korea provides telemedicine service between medical personnel. Telemedicine between medical personnel and patients, therefor, in principle, is not recongnized. Increasing demand for telemedicine fueled by COVID-19 pandemic and accumulation of telemedicine experience lead a change in stubborn opposition of the medical community, tenuous though it may be. This article focuses on the telemedicine legislation in France, which can be used as a reference for the telemedicine legislation premised on telemedicine between medical personnel and patients. The legislation stipulates the concept, types, and conditions of telemedicine performance through 'Code de la santé publique'. The principle that telemedicine shall be performed alternately with direct medical treatment to a patient and details relating to such telemedicine performance as telemedicine costs, medical fees, and telemedicine equipment support are stipulated through an agreement between the medical community and health insurance organizations. From this point, the implications for our legal system were presented.

The Medical Disputes and Its Alternative Dispute Resolutions in Germany (독일의 의료분쟁과 대체적 분쟁 해결 기구)

  • Kim, Jang Han;Lee, Seok-Bae
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.139-168
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    • 2016
  • Two alternative dispute resolutions for medical dispute have been operated under the States of German Medical Associations. The first is the medical mediation committee of North german area, the other is the advisory committee on medical errors in North-Rhine area. The former has focused on the mediation itself, the latter commission has focused on the expert review itself whether the physician has maintained reasonable care in diagnosis and treatment. Even though these organizations have maintained under the medical associations, to maintain the neutrality on legal and medical decision, the North German mediation committee is composed of a lawyer and a medicine doctor respectively and North-Rhine advisory committee has a lawyer chair person and four medicine doctors. The main difference of Korean Medical Dispute Mediation Agency in respect from the german system is that expert review is subordinated to the mediation process. The neutrality of expert review is suspected from the medicine doctors. The neytrality and the efficiency should be improved to treat the medical disputes. To do so, lawyer and medicine doctor work together in mediation process and lawyer should manage the expert review process but not involved. Mediation process and expert review should be checked and balanced, and they could be developed as a separated process itself.

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A Study on the Awareness & Preferences about the Elderly Care Facilities (노인 요양시설에 대한 의식 및 선호도 연구)

  • Shin, Hee-Sik;Chu, Yeon-Cheol;Youn, Chung-Yeul
    • Journal of the Korean Institute of Rural Architecture
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    • v.11 no.4
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    • pp.51-58
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    • 2009
  • The senior adults which are a central manpower of economic activity of the nation decreased and the elderly sustenance allowance already went over 10%. And the economic activity participation of the woman which are the supporter of the unpaid the elderly within the family is increasing. This big change is expected to support awareness. To respond to these changes, the improvement of social welfare system for elderly with the job of retirement lifestyles of the elderly, a figure that is needed for the ceremony. The elderly medical treatment facility that began in 2008 the elderly long-term medical treatment law enforcement because of the demand is expected to grow. It is forecast with the fact that the data which is fundamental is most important will become that old person medical treatment facility of the middle-aged layer which is a central role of the protector who decides the facility use of the preliminary consumer of the elderly care facility and currently the very the elderly and manhood ceremony and the preference to plan of the elderly welfare facility. The purpose of this study is to present the fundamental data about the elderly care facility for comparative analysis the awareness & perfernces of the elderly care facilities of the senior adults & the elderly.

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About dentistry infection from dentistry medical institution recognition research of patient (치과내원환자의 감염관리에 관한 인식도 조사)

  • Lee, Youn-Kyung;Kim, Soon-Duck
    • Journal of Korean society of Dental Hygiene
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    • v.10 no.4
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    • pp.617-625
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    • 2010
  • Objectives : The research which sees collected information about dentistry infection management recognition of the patients and the infection management which the medical treatment consumer does in necessity is what, grasped and satisfaction and became the fundamental data which makes the hospital will be able to trust about dentistry image rise and dentistry environment of the medical treatment consumer who assists a dentistry character executed. Methods : From 2009 April 1st until May 28th 233 people common people who have the experience which visits a Gyeongsangnam-do area dentistry the object with the entry question law which sleeps did and the data analysis SPSS, 12.0 For Window under using produced each question item by frequency and a ratio, the analytical degree of infection management One - Way ANOVA stamps and executed t-test. Results : Information experience experienced about dentistry infection of the investigation object person to be, appeared with 74.7% and the after that dentistry assistance at the time of conduct change which experiences the answer back regarding of Former times attentively observes organization disinfecting' was most with 46.6%. The protective equipments wearing goal of the dentistry medical attendance appeared the dentistry medical attendance and patient protection 77.7%, dentistry medical attendance protection 12.9%, by patient protection 9.4% order. Before medical treatment starting of the dentistry medical attendance the hand Does not confirm' appeared 72.1%, with. The hand washing, is whole and the degree which appears is high with 4.11 points the stamp. Is high there was a possibility of knowing the thing about the recording infection where the educational background will be high and considers statistically the difference which was visible Conclusions : The education which is active and continuous is necessary about infection management and sets the guides which are standardized to the patients and about infection management and about infection prevention and exposes from dentistry practices well to emboss the thing is thought that there is a necessity to plant a trust feeling about the dentistry where the patients assist.

A Study on Restriction of Access to Medical Institutions and Discrimination on Human Rights of Persons with Disabilities Not Wearing Masks to Prevent Healthcare-Associated Infections (의료관련감염 예방을 위한 마스크 미착용 장애인의 의료기관 출입제한과 인권차별 결정에 대한 검토)

  • Moon, Sang Hyuk;Kim, Je Sun
    • The Korean Society of Law and Medicine
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    • v.24 no.1
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    • pp.67-98
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    • 2023
  • In the early stages of the COVID-19 pandemic, Korea took the lead in implementing "social distancing" policies more strongly than other countries. In addition to making it mandatory to wear a mask according to the policy, all patients using medical institutions are tested for COVID-19 to prevent Healthcare-Associated Infections, and only those patients who test negative have been regulated to receive face-to-face medical treatment. In this process, situations such as the disabled, who have difficulty wearing masks, were not taken into account, and emergency patients did not receive timely treatment or surgery from medical personnel. In response, the National Human Rights Commission of Korea has decided that forcing everyone to wear a mask and restricting access to medical institutions constitutes discrimination against the disabled. Therefore, the purposes this study has that, the first is to review cases of human rights discrimination against persons with disabilities due to measures to prevent the transmission of infectious diseases that did not consider the characteristics of persons with disabilities in the COVID-19 situation and issues regarding the decisions of the National Human Rights Commission of Korea, the second is to find a reasonable plan and the need for measures to prevent refusal of treatment by medical institutions for the disabled who have difficulty wearing masks.

A Study on the Architectural planning of Geriatric Hospitals - Focused on analyzing the spatial organization and size of major areas - (노인전문병원의 건축계획적 연구 - 주요부문별 공간구성 및 면적구성을 중심으로 -)

  • 김성한;이종협;강건희
    • Korean Institute of Interior Design Journal
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    • no.36
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    • pp.68-75
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    • 2003
  • In Korea, even though many aspects of medical care system for the elderly have been considered. Until now, most people have realized that the conceptualization range of geriatric hospital is the same as recuperation hospital. However the recent geriatric hospital includes a short term treatment like general hospitals, together with that it has a tendency to increase the propotion of rehabilitationby the Introduction of the concept of active rehabilitation treatment for returning to society. Unlike the general hospitals, geriatric hospital has got different characteristics in a managing and patient. However this is not a concrete standard of faacilities by the law of health welfare and medical. So these kinds of research will have to keep continuing. What I want to say In this study is that the prominence of information, which is based on the existing data analysis, is what forms my latest projects that engage with a wider repertoire of strategies and approaches toward architectural problem.

A Study on The Training Curriculum for The Emergency Medical Technician (응급구조사(應急救助士) 교육과정(敎育課程)에 관(關)한 연구(硏究))

  • Sohn, Shin-Young
    • The Journal of Korean Academic Society of Nursing Education
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    • v.2
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    • pp.32-55
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    • 1996
  • It was enacted 'Emergency Medical Act' in January, 1994 beginning the emergency medical service system from 1982, and while it was established the emergency medical department in junior college providing the detailed agenda about emergency medical technician and the regulation relative to the application of a law on the emergency medical act in 1995, the fire school and the National Medical Center are enforced the curriculum. It is very important subject faced for the construction of emergency medical system to produce a number of emergency medical technicians to be sufficient to the role of emergency aid. In this study it is analysed the training curriculum for the emergency medical technician and presented the improvement plans. 1. Though it needs the qualification level of first and second class in the selection process, the more important thing needs the detailed qualification level by term of one's service and the skills of business accomplishment. 2. In the examination management, (1) written examination is composed of the questions to understand how much faithfully they carry out the practical business as the emergency medical technicians, (2) it is added practical examination as the item to appraise the situation disposal ability. 3. It is necessary to prescribe the activity in the medical institution and ambulance arrangement through the development of 'Business Treatment Guide'. 4. For the regional balanced disposition of emergency medical personnel it is selected balanceably the educational institution by eight medical service areas, and considering the characteristics of region it is necessary to manage, in the practical business training course, another special course such as the mountains medical aid and sea medical aid. 5. In the period of education the first class needs the practical business training period of a certain period after passing examination, and the second class needs the extension of the period. 6. As the problems to improve in the curriculum [1] in the first class course (1) intensification of practical educaiton (2) reinforcement of curriculum (3) the development of standardized curriculum etc., [2] in the second class course (1) varieties of curriculum (2) intensification of basic first aid treatment education.

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The Necessity of Legislation for independent clinic in Physical Therapy (물리치료 단독 개원 법률 제정의 필요성)

  • Goo, Bong-Oh;Kim, Hyeon-Joo;Choi, Ki-Hwan
    • Journal of Korean Physical Therapy Science
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    • v.25 no.1
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    • pp.75-84
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    • 2018
  • Background : In order to recognize the problems of current Korean physical therapy which does not conform to the current trend of modern society and to suggest improvement directions, we will establish a law for exclusive use of physical therapy that can guarantee the health rights of the people and contribute to the development of Korean physical. Methods : Korea's current physiotherapy system is compared with OECD member countries and WCPT member countries, and considering the expected effects and necessities that arise when the sole law is enacted, the sole law for the global trend is presented. Result : If the sole law is enacted and the physical therapist is treated solely, the effect is as follows. 1. Provision of high-quality physiotherapy services through establishment of physical therapy expertise 2. Convenient service provision 3. Reduced treatment costs due to reduced National Health Insurance fiscal expenditure 4. contributing to the improvement of medical welfare for the elderly and the disabled 5. Decreased unemployment rate due to job creation.

Problems of Implant Procedure and Medical Disputes (임플란트 시술의 문제점과 의료분쟁)

  • Lee, Tae-Hui;Song, Young-Ji
    • The Korean Society of Law and Medicine
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    • v.17 no.1
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    • pp.281-297
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    • 2016
  • In order to make a treatment plan and outcome prediction, it is important to evaluate accurately and objectively osseous tissues of the implant area. The evaluation of osseous tissues is the most objective method for the decision of production time of upper structure of alveolar bone. However, the evaluation of osseous tissues contains contradiction because it is made by subjective opinions of dental surgeons. Many dentists also point out the problem of subjective evaluation of osseous tissues. Therefore, it is necessary to create accurate and objective standards. Previously, the evaluation of bone density depends on dentist's subjective sensation during drilling procedure of implant. However, the HU(Hounsfield unit) figure of CT(computed tomography) scan allows of objective and precise categorization of bone density now. Misch and Kircos divided the bone density levels from D1 to D5 with subjective separation of bone density. Their method also depended on not objective and quantification data but subjective separation by sensation. Thus, we need the evaluation of implant area through comparative analysis of more objective and quantification data. Implant treatment comprises the highest frequency of medical disputes of dental clinic. If we bring objective checkup and reasonable treatment method in the implant treatment, we can deduce more reasonable results, and the failure late of implant treatment also can decrease. The ultimate objective of this study is the minimization of dental disputes between dental patients and dentists by creating new legal standards on the basis of objective and quantification data.

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