• Title/Summary/Keyword: malpractice

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Virtual Environments for Medical Training: Soft tissue modeling (의료용 훈련을 위한 가상현실에 대한 연구)

  • Kim, Jung
    • Proceedings of the KSME Conference
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    • 2007.05a
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    • pp.372-377
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    • 2007
  • For more than 2,500 years, surgical teaching has been based on the so called "see one, do one, teach one" paradigm, in which the surgical trainee learns by operating on patients under close supervision of peers and superiors. However, higher demands on the quality of patient care and rising malpractice costs have made it increasingly risky to train on patients. Minimally invasive surgery, in particular, has made it more difficult for an instructor to demonstrate the required manual skills. It has been recognized that, similar to flight simulators for pilots, virtual reality (VR) based surgical simulators promise a safer and more comprehensive way to train manual skills of medical personnel in general and surgeons in particular. One of the major challenges in the development of VR-based surgical trainers is the real-time and realistic simulation of interactions between surgical instruments and biological tissues. It involves multi-disciplinary research areas including soft tissue mechanical behavior, tool-tissue contact mechanics, computer haptics, computer graphics and robotics integrated into VR-based training systems. The research described in this paper addresses the problem of characterizing soft tissue properties for medical virtual environments. A system to measure in vivo mechanical properties of soft tissues was designed, and eleven sets of animal experiments were performed to measure in vivo and in vitro biomechanical properties of porcine intra-abdominal organs. Viscoelastic tissue parameters were then extracted by matching finite element model predictions with the empirical data. Finally, the tissue parameters were combined with geometric organ models segmented from the Visible Human Dataset and integrated into a minimally invasive surgical simulation system consisting of haptic interface devices and a graphic display.

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Bibliotherapy for human nature therapy of the juvenile delinquent (비행청소년 인성치료를 위한 독서요법)

  • 변우열
    • Journal of Korean Library and Information Science Society
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    • v.26
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    • pp.131-168
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    • 1997
  • The future of a country is influenced by the youth. Sound fostering of the youth is important for the country's future. Because of mechanization, industrialization and urbanization of our society, many social problems, such as confusion of the sense of value, dehumanization, money worshi n.0, ppings, juvenile delinquency are increasing. For the solution of problems of juvenile crime and dehumanization, bibliotherapy should be practiced in juvenile reformatories, schools and societies. The purpose of this study is to investigate the effectiveness and value of reading. And also the characteristics, brief history, principles and procedures of bibliotherapy are examined. In addition, the book catalog suitable for bibliotherapy is considered. The results of the study are as follows. (1) In order to solve the problem of dehumanization, and the confusion of the sense of value among young adults, we should enrich and cultivate the characters of young adults through the bibliotherapy. So, bibliotherapy for the treatment of human nature of juveniles should be practiced in the juvenile reformatories, schools and societies. (2) The values of reading in the past were inspiration, information and recreation. But, in recent times, the interest in therapeutic value of reading is increasing. (3) Bibliotherapy is a kind of psychotherapy using selected reading materials. A n.0, pplication scopes of bibliotherapy are very wides, including mental medicine, alcoholic poisoning, drug addiction, juvenile delinquency, counselling and education for school life, etc. (4) The principles of bibliotherapy consist of identification, catharsis, insight and it has self therapeutic principles through the reading. The procedures of bibliotherapy is similar to any other kind of psychotherapy: the participant's statement, diagnosis, treatment, continuous recognition of remedial value. (5) The well suited reading materials for bibliotherapy are literature and biography. Literature and biography are familiar to everyone, because they describe the mentalities, emotions and life styles of human beings. (6) The standard reading lists for bibliotherapy for the proper guidance of juvenile delinquency should be prepared for the solution of developmental tasks, such as, drinking, smoking, friendship, family, love, money, marriage, pregnancy, violence, etc. Finally, Bibliotherapy should be introduced to our school settings and corrections institutions for the proper guidance and prevention of the malpractice of the youths. In addition, we should be endeavor to develop the standard reading lists for bibliotherapy and case study.

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A Study on Legal Liability and Efficient Planning for Alternative Dispute Resolution in Medical Disputes (의료분쟁의 법적책임과 ADR제도의 효율적 운영방안)

  • Nam, Seon-Mo
    • Journal of Arbitration Studies
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    • v.26 no.4
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    • pp.129-149
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    • 2016
  • Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a "decision not to adjust" in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its "decision," can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user's perspective. This is the "decision" as was expressed from an order, "not adjusted." It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient's cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers' and patients' rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.

The comparative analysis on nurse's legal duty;based on precedents in nursing - related cases (간호업무에 대한 법적의무인식에 관한 연구;간호관련판례와 간호사의 태도 비교분석)

  • Kim, Ki-Kyong
    • Journal of Korean Academy of Nursing Administration
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    • v.5 no.1
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    • pp.77-86
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    • 1999
  • The purpose of this study is to look into nurse's legal duty and to analyze influencing factors, by reading through precedents in nursing-related malpractice cases. 157 clinic nurses and 40 head nurses who were working in 3 university hospitals in the area of Seoul and KyongKi province were surveyed with pre-set questionnaires which were based on 20 cases and to compare precedents with nurses' attitudes. Independent variables were demographic characteristics, job characteristics, experience and education, and personal characteristics. Dependent variables were the extents of understanding in their duty. To analyze the extent of duty understanding t-text. ANOVA, and multiple regression were performed according to the characteristics of each study subject. Main findings are as follows; 1. $X^2$ test was performed for each hospitals and job category. The existence of religion and job-related advisers were significantly different according to hospitals and job categories. The existences of the orientation for nursing, education, and meeting were significantly different according to hospitals. 2. The extent of duty understanding according to the subject characteristics was assessed by means of median. Each case was given the median. 12 cases(46%)out of 26 cases demonstrated the median of more than 6 showing high extent of understanding. 3. When $X^2$ test was performed. the extent of duty understanding was significantly different in the areas of marriage status. the existence of meetings. and the experience of having dispute. When multiple regression(stepwise method) was performed, above variables were not statistically significant. 4.As result of comparative analysis on precedents and nurse's attitudes. it is 4 cases that nurse's attitudes is more active than precedents and it is 9 cases that nurse's attitudes is more passive than precedents and it is 4 cases that nurse's attitudes is parallel with precedents. This study does not present statistical model which can integrate all the cases. The significance of this study is in that it generalized and assessed the nurses' understanding of duty based on nursing -care which was legally disputed and compared nurse's attitude with precedents.

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A Breach of Medical Contract and Consolation Money (의료계약상 채무불이행과 위자료)

  • Bong, Youngjun
    • The Korean Society of Law and Medicine
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    • v.14 no.2
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    • pp.217-260
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    • 2013
  • In connection to the civil liability of the medical malpractice, plaintiff and courts are solving the medical disputes with theory of the liability based on tort law. because contract law does not enact the right of claim of solatium and a plaintiff's lawyer and courts hesitate to use contract law. Medical treatment of doctor is main debt in medical contract and its in-complete performance gives rise to the violations of human's life, body and health. Consequently a breach of medical contract leads to violations of person-al rights. These violations spring from liability of contract as well as tort and damages from them are recognized based on medical contract law. A duty of explanation of doctor is a independent and appendant debt to the treatment debt. However its breach provokes violations of human's life, body and health as well as a right self-determination. Therefore consolation money claim should be recognized. In case of the violation of patient's life, body and health, patient's family al-so can demand consolation money due to the violation of their's own mental pain. However in case of the violation of only patient's self-determination without informed concent, they can not demand it by reason of the violation of patient's self-determination. But by reason of the violation of patient's life, body and health that were recognized by proximate causal relation between violation of duty of explanation and abd execution, they can do.

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Roles of Primary Health Practitioner and Activities to Increase the Job Performance (보건진료원 업무현황 및 업무향상활동)

  • Ko, Il-Sun;Lee, Kyung-Ja;Cho, Won-Jung;Kim, Jin-Soon;Song, Eun-Kyung;Lee, Tae-Wha
    • Journal of Korean Academy of Nursing Administration
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    • v.11 no.4
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    • pp.361-369
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    • 2005
  • Purpose: The purpose of the study was to analyze the present status of community health practitioner activities and efforts to improve the job performance. Method: This study employed descriptive exploratory design. The sample consisted of 1,892 community health practitioners which was 90 % of population of community health practitioners. The data was analyzed by using SPSS Windows 10.0. Result: The most popular activities of community health practitioners were women's health, chronic degenerative disease management, elderly health, and outpatient care of primary health care. The activities that community health practitioners want to strengthen were outpatient care, disease prevention, rehabilitation, health promotion, and counseling. The efforts to improve the job performance were consult to other health care professionals, discussion with patient and families to choose effective treatment options. Community health practitioners knew that they were exposed to malpractice and hould try to make many efforts to improve their performance. Conclusion: The roles and activities of community health practitioners should be changed to the shift of health care environment and systems.

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A study on dental hygienists' knowledge and attitude towards medical related laws (치과위생사의 의료관련법에 대한 지식 및 태도에 관한 연구)

  • Jang, Yun-Jung
    • Journal of Korean society of Dental Hygiene
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    • v.17 no.2
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    • pp.295-305
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    • 2017
  • Objectives: This study was performed to provide a reference base to establish foundation for education about dental hygienist-related medical law and introduction of the system. Methods: A survey was conducted on 210 dental hygienists working at a dental clinic/ hospital in Jeollado. Data were analysed through chi-square test, one-way ANOVA, independent t-test, and Pearson's correlation analysis using SPSS 21.0 program. The study instruments included general characteristics of the subjects, knowledge on laws related to dental hygiene, attitude towards dental hygienist-related medical laws, level of understanding of medical related laws, and medical dispute educational hours. Results: The knowledge of dental hygienist-related medical law was high in dental hygienists aged 25 years and younger and with less than 3 years of clinical experience (p<0.05). The attitude towards the law was low in age of younger than 25 years, a three year college degree, a job position as a staff member, more than 5 years of work experience at present work place, and less than 3 years of clinical experience (p<0.05). Understanding of medical related laws was high in clinical staff members and with less than 3 years of clinical experience (p<0.05). Educational needs for medical dispute prevention was high in a job position as a staff member, low level of attitude towards dental hygienist-related medical law, and no attainment of education on medical dispute (p<0.05). Conclusions: The above results demonstrate that education and public relations about laws related with dental hygiene practice are essential. It is imperative to establish a systematic and bureaucratic legal system to prevent dental malpractice.

Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea

  • Kwon, Jung Woo;Park, Bo Young;Kang, So Ra;Hong, Seung Eun
    • Archives of Plastic Surgery
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    • v.44 no.4
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    • pp.283-292
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    • 2017
  • Background Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements. Methods Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed. Results Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount. Conclusions When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.

The Analysis of the Current Status of Dental Popular Complaints (치과 의료 민원 현황에 관한 분석)

  • Kwon, Kyung-Min;Tea, Il-Ho;Ko, Myung-Yun;Ahn, Yong-Woo
    • Journal of Oral Medicine and Pain
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    • v.34 no.2
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    • pp.143-151
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    • 2009
  • This research aims to propose a reference for prevention and education of medical dispute in dental clinic and to recognize anew about medical malpractice, by analyzing medical dispute. The results from data were based on questionnaires and replies about medical complaint, which were received the Busan Dental Association from November, 2000 to June, 2007, were as follows; 1. It were categorized 35 cases to 51 detail patterns. These cases were consists of complicated problem. 2. The cases, which were related to the treatment for prosthesis and orthodontics, became an issue. 3. In the case, which was related to the treatment for prosthesis and orthodontics, there were complaints in order of symptoms(occlusal discomfort, hypersensitivity, abnormal pain) and aesthetics after equipped prosthesis, and so on. 4. There was a tendency toward increasing complaints along with an increase of treatments (except conventional ways) for implant and so on.

A Study on the Introduction of Liability Compensation Insurance to Prevent Medical Dispute (의료분쟁 예방을 위한 책임보상보험 도입에 관한 연구)

  • Kim, Kee-Hong
    • Journal of Arbitration Studies
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    • v.28 no.4
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    • pp.43-59
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    • 2018
  • This study aims to review various efforts required by medical institutions to prevent medical accidents in advance and to suggest the necessity of introducing liability insurance for medical accidents based on cases abroad and compulsory professional indemnity insurance at home. Over the past five years between 2013 and 2017, the number of inquiries regarding medical accidents and medical disputes has increased by 11.1 percent from 36,099 to 54,929, and the number of mediation and arbitration for medical disputes has increased by 14.3 percent from 1,304 to 2,225. Since some medical accidents even cause social problems, a compulsory insurance system for the liability of medical institutions for damages need to be introduced to promptly compensate the victims of medical accidents and to ensure compensation by medical personnel. In Korea, a system is in place to provide compensation for a client who suffers an accidental damage after receiving professional services, regardless of whether or not the professional service provider can provide compensation. In major foreign countries, a medical liability system is in place that is applied either by the principle of liability with fault, or the principle of liability without fault. In this study, the cases of compulsory insurance and semi-compulsory insurance in the US and Japan to which the principle of liability with fault is applied, as well as the case of New Zealand to which the principle of liability without fault is applied, were examined. It is necessary to urgently introduce the compulsory insurance system for the liability of compensation to prevent medical disputes and to compensate for the life and physical damages of the victims of medical accidents in domestic medical institutions. Doing so is expected to ensure fair compensation for the victims of medical malpractice and compensation by medical personnel, thereby improving medical practice.