• Title/Summary/Keyword: death acceptance

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Judicial Analysis on Supreme Court Precedents Related to Criminal Malpractice and Acceptance of Causal Relation (형사상 의료과실 및 인과관계 인정과 관련된 대법원 판례분석)

  • Park, Young-Ho
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.435-459
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    • 2014
  • Supreme Court of Korea has been mitigating the burden of proof on the malpractice and causal relation by a patient in accordance with the practical transfer of such burden of proof on causal relation as well as relieving a doctor's burden of proof on mistake in the civil damage claim suits on the malpractice. However, a prosecutor shall strictly prove the causal relation between malpractice and unfavorable results as well as a doctor's mistake in the criminal cases for making a doctor accept the professional negligence resulting in death or injury in accordance with In Dubio Pro Reo principles. Furthermore, it shall not be allowed to relieve the burden of proof on malpractice and causal relation which has been frequently applied in the civil proceedings. Nevertheless, it was widely known that the front-line courts accepted the malpractice and causal relation by quoting the legal principles on relieving the burden of proof on malpractice and causal relation applied in the civil cases even in criminal cases with no or insufficient proof on malpractice or causal relation. However, the latest precedents in Supreme Court explicitly declared the opinion that there was no reason to apply the legal principle to relieve the burden of proof on the malpractice and causal relation in the criminal cases requiring the proof 'which doesn't cause any reasonable doubt' on malpractice and causal relation in accordance with the legal principles 'favorable judgment for a defendant in case of any doubt' on the basis of the strict principle of 'nulla poena sine lege.' Accordingly, Supreme court definitely clarified that there would be no reason to relieve the burden of proof on malpractice and causal relation in criminal cases by reversing several original judgments accepting malpractice and causal relation even though there were no strict evidence.

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The Life Experiences of the Elderly in Leisure Activities (여가활동 프로그램 이용 노인의 삶의 체험)

  • Lee, Kyung-Woo
    • The Korean Journal of Rehabilitation Nursing
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    • v.12 no.2
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    • pp.102-111
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    • 2009
  • Purpose: The purpose of this study was to explore the meaning of the life experiences of the elderly in their leisure activities. It was done to provide fundamental data for nursing programs dealing with the elders. Method: The research took a phenomenological approach to the study. Eight participants, who were having leisure activities in the community, were observed thoroughly from September to November in 2008. The data were collected through in-depth interviews and observations. By using Giorgi's phenomenological method, the data were analyzed in a qualitative way. Results: There were ten main themes that the health professionals should consider when dealing with the elderly: Changes in physical health conditions, Decreased role and less social interaction, Loneliness, Longing for and recalling of the past, Acknowledgement and acceptance of aging and death, Affection towards one's life, Yearning for a dignified life, Active health management, Enthusiastic participation in leisure activities, and Positive outlook and mindset. Conclusion: This study explored how the elderly people adjusted to the physical, psychological and social changes that they experienced. On the basis of the results, further research for the elders in other settings is needed to develop comprehensive programs that will improve their quality of life.

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The Lived Experience of Patients with Heart Transplantation: A Phenomenological Study (심장이식환자의 체험: 현상학적 연구)

  • Hwang, Younghui;Yi, Myungsun
    • Journal of Korean Academy of Nursing
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    • v.47 no.1
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    • pp.110-120
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    • 2017
  • Purpose: The purpose of this study was to describe the lived experience of patients with heart transplantation in Korea. Methods: Individual indepth interviews and a focus group interview were used to collect the data from nine patients who had heart transplantations in 2015. All interviews were audio-taped and verbatim transcripts were made for the analysis. Data were analyzed using Colaizzi's phenomenological method. Results: Among the nine participants, eight were men. Mean age was 57.30 years. Six theme clusters emerged from the analysis. 'Joy of rebirth obtained by good luck' describes the pleasure and expectation of new life after narrow survival. 'Suffering from adverse drug effects' illustrates various psychosocial difficulties, such as low self-esteem, helplessness, alienation, and burnout, arising from the side effects of medications. 'Body and mind of being bewildered' illustrates disintegrated health and haunting fear of death. 'Alienation disconnected with society' describes isolated feeling of existence due to misunderstandings from society. 'Suffering overcome with gratitude and responsibility' includes overcoming experience through various social supports and suitable jobs. Finally, 'acceptance of suffering accompanied with new heart' illustrate changed perspective of life itself. Conclusion: The findings in this study provide deep understanding and insights of the lived experience of heart related illness for these patients and should help in the development of tailored-interventions for patients with heart transplantation.

Experiences of Families in the Intensive Care Unit: Interactions with Health Care Providers (중환자실 환자 가족의 경험: 의료인들과의 상호작용)

  • Lee, Mimi;Yi, Myungsun
    • Korean Journal of Adult Nursing
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    • v.29 no.1
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    • pp.76-86
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    • 2017
  • Purpose: The purpose of the study was to provide deep understanding of the reported experiences of families with their loved one in the intensive care unit (ICU), focusing on interactions with healthcare providers. Methods: The data were collected by individual interviews of eleven participants. The transcribed data were analyzed using qualitative content analysis to identify major themes and sub-themes that represented the experiences of families. Results: Five themes and 13 sub-themes emerged. "Captive of patients' delayed death: Fear and anxiety" describes psychological problems arising when the family member became critically ill enough to warrant being admitted to the ICU. "Families as the weak: Suppression and resistance" describes interpersonal difficulties arising due to lack of information and trust with healthcare providers. "Deprivation of authority and duty as families: Helplessness" illustrate situational barriers in attempting to protect and support family member. "Re-establishment of trust relationship with healthcare providers: Gratitude and appreciation" describes how they satisfied with themselves by regaining trust relationship. Lastly, "Acceptance of reality through direct care participation: Relief and peace" illustrates peace of mind by gaining sense of reality through active direct care participation. Conclusion: This study demonstrates the positive and negative experiences of families with ICU patients. The results will be useful in developing family-centered nursing interventions.

Elderly women's Health Care Experience at Doctorless Farm Willages (무의 농촌지역 여성노인의 건강관리 경험)

  • Kim, Young-Hee;Han, Young-Ran
    • Women's Health Nursing
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    • v.9 no.4
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    • pp.467-478
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    • 2003
  • Purpose: This study investigated elderly women's health care at doctorless farm villages based on information-about the perception and management of their health. Method: Grounded theory method as mapped out by Strauss and Corbin-was used to record and transcribe open-ended interviews. The data from these interviews were analyzed. Result: We found 18 categories and 28 sub-categories. In data analysis, the core phenomenon was named "movement in pain". Causal condition as essential prerequisites were aging symptoms, bad state of health, comfortable life to live alone, longevity, deficiency of health care resources, and sub-categories of the phenomena revealed acceptance of discomfort, enduring pain, continuity of movability. Elderly women's health-related activities included enduring as it is, movement consciously, applying resources, difficult in using health medical institutions. Family support, economic level, disease condition, support system of community were influenced to their health-related activities. Consequently, the results indicated that they wanted to accept given life, expected easy death. held out remaining life. Conclusion: This study revealed that the most important factor of elderly women's health care was "movement in pain". On the basis of this study, we needed to develop diverse nursing implementation plans for maintaining and improving' movability without pain'.

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Development of the Numerical Guide for Cost-Benefit Analysis of Occupational Radiation Exposure In the Korean Next Generation Reactor

  • Sohn, Ki-Yoon;Kang, Chang-Sun
    • Nuclear Engineering and Technology
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    • v.29 no.1
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    • pp.78-84
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    • 1997
  • The specific purpose of this study is to develop the numerical guide for the cost-benefit analysis of ORE ($/person-Sv reduction) to meet the criterion of ALARA in the design stage of the KNGR. In deriving the guide, the risk factor which is defined by the risk to unit collective radiation exposure dose (deaths/person-Sv) and the monetary value of human life ($/death) are required. The risk factor has been estimated from various clinical data accumulated for a number of years and continuously modified. And the monetary value of human life is usually quantified using the human capital approach. In this study, the risk to radiation exposure perceived by a group of people is investigated through an extensive poll survey conducted among university students in order to modify the existing risk factor for radiation exposure. And in evaluating the monetary value of human life, the QOL factor is introduced in order to incorporate the degree of public welfare or quality of life. As a result of study, a value within the range of 151, 000~172, 000 dollars per person-Sv reduction is recommended as the appropriate interim numerical guide for cost-benefit analysis of ORE to meet the criterion of ALARA in the design stage of the KNGR. A poll survey was also conducted in order to see whether the public acceptance cost of nuclear power should be incorporated in developing the guide, and the result of study shooed that such a cost does not need to be considered.

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A study about literary traditional aspects of Korean verse, 'In hemp clothes in winter' (시조 <삼동에 베옷 입고>의 문헌 전승 양상 연구)

  • Kim Myoung-Sun
    • Sijohaknonchong
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    • v.24
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    • pp.47-85
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    • 2006
  • One of the famous Korean verses, Sijo 'In hemp clothes in winter(삼동에 베옷 입고)' is in thirty kinds of anthologies and ten kinds of Chinese writings. The major point in literary transmission of this work was the writer. The writer of this verse is Cho Sik(조식) in most anthologies. The writer of this work is recorded as Kil Jae(길재), Kim In-hoo(김인후), Kim Eung-jung(김응정), Lee Mong-gyu(이몽규) or Kim Ryung(김령) in Chinese writings. These people were famous for their studies and virtue, but they did not take office and retired from the world until they die. They were faithful to their principles serving their kings, though the country had wanted them to take a position in the government. Even though they did not in government service, they left some anecdotes and stories of lamentation after hearing their king's death. Because these stories and anecdotes can be easily connected with 'In hemp clothes in winter' which is about mourning over death of a king, they were known as the writer of this poem. Especially, their offsprings, juniors and followers often wrote these people as the writer of this work to represent their honor. Throughout the studies of several literary documents, this poem is written by Kim Eung-Jung, who lived in Kangjin(강진) in Jeonla province(전라도) and did not take office in all his life. He made this poem when he had heard the King Myoungjong(명종)'s death. Various transmission of literary documents with the records about 'In hemp clothes in winter' have a significance that can show the aspects of noble men's acceptance and transmission of Sijo.

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A Study to Determine the Effectsiveness of Severance Hospice Home Care Program (호스피스케어에 대한 평가 연구 - 세브란스호스피스 중심으로)

  • Kingsley, Marian R.N.;Cho, Won-Jung;Kim, Cho-Ja;Lee, Won-Hee;Yoo, Ji-Soo
    • The Korean Nurse
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    • v.29 no.4
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    • pp.51-72
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    • 1990
  • The purpose of this study was to determine whether Severance Hospice Home Care Pro gram was able to meet its objectives. This was done in order to show in detail the effects of hospice home care on the quality of life of terminally ill patients and to provide rationale for setting up more hospice home care programs in korea. The results of the study were as follows: The subjects of the study were 100 terminally ill patients who hnd died 'while in the hospice program and 64 family members who were registered with Severance Hospice Home Care Program between march 1988 and Feb. 1990. The nursing needs of these terminally ill patients were assessed by the nursing records of these patients. The need for pain control(82%) was the highest nursing need so far as the physical aspects were concerned. This was followed by poor appetite(37%), 8 dyspnea(34%), nausea and vomiting(30%) in that order of frequency. In reqard to spiritual needs, the need for religious' support was also high at 72%. Their main psychological symptoms were anxiety and fear(34% ). Burn-out was a major problem for 44% of the family members. The psychological process experiencel by the terminal ill patients was compared to the dying process, described by Kiibler Ross. In comparison of the five stages outlined by kubler Ross with the dying process of the subjects it was found that the subjects not only experienced the five stages but also experienced denial and doubt-fulness or denial with acceptance or acceptance with the expectation of a miracle. But rather than acceptance of the dying process, giving up was a frequent end point of the psychological process, of the subjects. However, when the combination of states was observed, most of the patients reached the state of acceptance in the dying process. It was difficult to identify a definite pattern of change in the psychological process of the subjects. Also it was difficult to identify the factors that influenced the psychological process. The symptoms of the terminally j]] subjects just before dying, that is, 3-4 days before dying included apparent signs of dying. These were a reduction of intake(77%), reduction of the amount of urination(63%), increase in sleeping time (64%) and acceptance of dying by patients and their families who had been unaccepting be before that time(66%). The primary care givers(family member's) degree of satisfaction with the care given to the patient by the hospice was 88.7%. The results of this study show that Severance Hospice Home Care Program had a positie effeet on the quality of life of the terminally ill patients and their family members as they faced the death of the patient. It can be seen from this study that there is an urgent need to extend hospice programs - in order to provide quality of care for terminally ill patient and their families. Based upon the reesults of this study several suggestions are presente as follows: 1) A follow up study should be carried out to identify the dying process as it is unique to Korea. 2) A comparison should be made of other hospice care programs. 3) A comparison study should- be made with subjects who do not receive any hospice care as compared to those who do by use of an experimental and control group methodology. 4) There is a need to determine a scientific method to adequeto measure the interventions carried out to meet the hospice patients nursing care needs. 5) A study should be made using quality research methodology to evaluate effects of hospiec care from the patients, their family members and the nurrse's perspective.

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A Study on Maternity Aids Utilization in the Maternal and Child Health and Family Planning (농촌(農村)에 있어서 분만개조요원(分娩介助要員)의 봉사(奉仕)에 의(依)한 모자보건(母子保健)rhk 가족계획(家族計劃)에 관(關) 연구(硏究))

  • Yeh, Min-Hae;Lee, Sung Kwan
    • Journal of Preventive Medicine and Public Health
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    • v.5 no.1
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    • pp.57-95
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    • 1972
  • This study was conducted to assess the effectiveness of service by maternity aids concerning maternal and child health in improving simultaneously infant mortality, contraception and vital registration among expectant mothers in rural Korea, where there is less apportunity for maternal and child health care. It is unrealistic to expect to solve this problem in rural Korea through professional persons considering the situation of medical facilities and the socioeconomic condition of residents. So, we intended to adopt a system of services by maternity aids who were educated formally among indigenous women. After the women were trained in maternal and child health, contraception, and registration for a short period, they were assigned as a maternity aids to each village to help with various activities concerning maternal and child health, for example, registration of pregnant women, home visiting to check for complications, supplying of delivery kits, attendance at delivery, persuasion of contraception, and invitation for registration and so on. Mean-while, four researchers called on the maternity aids to collect materials concerning vital events, maternal child health, contraception and registration, and to give further instruction and supervision as the program proceeded. A. Changes of women's attitude by services of maternity aid. Now, we examined to what extent' such a service system to expectant mothers affected a change in attitude of women residing in the study area as compared to women of the control area. 1) In the birth and death places, there were no changes between last and present infants, in study or control area. 2) In regard to attendants at delivery, there were no changes except for a small percentage of attendance (8%) by maternity aid in study area. But, I expect that more maternity sids could be used as attendants at delivery if they would be trained further and if there was more explanation to the residents about such a service. 3) Considering the rate of utilization of sterilized delivery kit, I am sure that more than 90 percent would be used if the delivery kit were supplied in the proper time. There were significant differences in rates between the study and the control areas. 4) Taking into consideration the utilization rate of the clinic for prenatal care and well baby care, if suck facilities were installed, it would probably be well utilized. 5) In the contraception, the rate of approval was as high as 89 percent in study area as compared to 82 percent in the control area. 6) Considering the rate of pre-and post-partum acceptance on contraception were as much as 70 percent or more, if motivation to use contraception was given to them adequately, the government could reach the goals for family planning as planned. 7) In the vital registration, the rate of birth registration in the study area was some what improved compared to that of the control area, while the rate of death registration was not changed at all. Taking into account the fact that the rate of confirmation of vital events by maternity aids was remarkably high, if the registration system changed to a 'notification' system instead of formal registration ststem, it would be improved significantly compared to present system. B. Effect of the project Thus, with changes in the residents' attitude, was there a reduction in the infant death rate? 1) It is very difficult problem to compare the mortality of infants between last and present infants, because many women don't want to answer accurately about their dead children especially the infants that died within a few days after birth. In this study the data of present death comes from the maternity aides who followed up every pregnancy they had recorded to see what had happened. They seem to have very reliable information on what happened in first few weeks with follow up visitits to check out later changes. From these calculaton, when we compared the rate of infant death between last and present infant, there was remarkable reduction of death rate for present infant compare to that of last children, namely, the former was 30, while the latter 42. The figure is the lowest rate that I have ever heard. As the quality of data we could assess by comparing the causes of death. In the current death rate by communicable disease was much lower compare to the last child especially, tetanus cases and pneumonia. 2) Next, how many respondents used contraception after birth because of frequent contact with the maternity aid. In the registered cases, the respondents showed a tendency to practice contraception at an earlier age and with a small number of children. In a comparison of the rate of contraception between the study and the control area, the rate in the former was significantly higher than that of the latter. What is more, the proportion favoring smaller numbers of children and younger women rose in the study area as compared to the control area. 3) Regarding vital registration, though the rate of registration was gradually improved by efforts of maternity aid, it would be better to change the registration system. 4) In the crude birth rate, the rate in the study area was 22.2 while in the control area was 26.5. Natural increase rate showed 15.4 in the study area, while control area was 19.1. 5) In assessment of the efficiency of the maternity aids judging by the cost-effect viewpoint, the workers in the Medium area seemed to be more efficiency than those of other areas.

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Personal Growth through Spousal Bereavement in Later Life (노년기 배우자 사별 후 적응과정에서의 개인적 성장)

  • Chang, Sujie
    • Korean Journal of Social Welfare
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    • v.65 no.4
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    • pp.165-193
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    • 2013
  • This study purposes to explore the growing process through spousal bereavement in later life, and to develop the theory. A qualitative research was conducted, and the participants were 17 seniors. The analysis according to Strauss and Corbin's grounded theory(1998), resulted in 143 concepts, 43 subcategories, and 19 categories. Range analysis according to paradigm showed that the causal conditions were 'marital relationships', 'independent/dependent tendencies', and 'emotional readiness for the death of a spouse', and the phenomena were 'depression', 'hopelessness', 'daily stress', 'psychological intimidation', 'regret', and 'sense of being freed'. The contextual conditions that affect these phenomena were 'desire for intimate personal relationships' and 'desire to maintain independence'; the action/interaction strategies to manage the phenomena were 'facing reality' and 'efforts for construction of the new life'; and the mediating conditions that promote or suppress these action/interaction strategies were 'social support' and 'spirituality'. The results were 'reconstruction of the meaning in life', 'increase in self-esteem', 'reinforcement of social network' and 'embrace and acceptance'. Furthermore, when personal growth after bereavement of a spouse was analyzed focusing on changes over time, the growth process consisted of three steps: 'sadness and despair', 'embracing and moving forward', and 'personal growth'. The pattern analyses were performed to typify recurring relations by category, and 5 types were derived. The results of our study show that personal growth after spousal loss is an integrative process in life after crisis, and can be conceptualized as the process of overcoming the despair that immediately follows the death of a spouse, seeking a new life by actively taking control, and discovering a strengthened self.

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