• Title/Summary/Keyword: medicine and medical law

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A Study on Aid in Dying (조력사망(Aid in Dying)에 대한 고찰)

  • Lee, Jieun
    • The Korean Society of Law and Medicine
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    • v.23 no.2
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    • pp.67-96
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    • 2022
  • "Aid in Dying" means that when a decision-making patient suffers from an incurable disease, a drug that can speed up death is prescribed by a doctor and used to lead to death. Since the suspension of life-sustaining treatment was institutionalized based on human dignity and patient autonomy, the question of whether assisted death can be legally justified in relation to the right to receive medical help to shorten one's life to die with dignity has recently been actively discussed. In Korea, since the suspension of life-sustaining treatment was institutionalized by the enactment of the Life-sustaining Treatment Decision Act in 2016, an amendment to the Life-sustaining Treatment Act was recently proposed to legalize Aid in Dying. The global trend is that human "Right to Die" is discussed in the division of life and death, from the suspension of life-sustaining treatment to assisted death, and again in the order of euthanasia. In this paper, we started discussing dignified death and institutionalized patients' right to self-determination, looked at the controversy in the United States, which legislated assisted death in many states since the 2000s, and analyzed the main contents of California's End of Life Option Act and the data after enforcement. The strict requirements for Aid in Dying, such as voluntary confirmation of patients' intentions and doctors' obligation to provide information, and the results of California's Aid in dying system, composed of relatively diverse races, were reviewed.

Criminal Liabilities of Ghost Surgery (유령수술행위의 형사책임 - 미용성형수술을 중심으로 -)

  • Hwang, Manseong
    • The Korean Society of Law and Medicine
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    • v.16 no.2
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    • pp.27-53
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    • 2015
  • Recently, a plastic surgery hospital in Seoul, has been raided following suspicions that ghost surgery was performed by an unauthorized substitute surgeon on a chinese woman who lapsed into a death. Following the incident, an organization to eradicate ghost surgery was created in March by Consumers Korea, founded to protect consumer rights, and the Korea Alliance of Patients Organization. The organization has received reports of illegal medical practices. To substitute another physician without the patient's consent and without his knowledge of the substitution is fraud and deceit and a violation of a basic ethical concept. The patient as a human being is entitled to choose his own physician and he should be permitted to acquiesce in or refuse to accept the substitution. It should be noted that it is the operating surgeon to whom the patient grants his consent to perform the operation. The patient is entitled to the services of the particular surgeon with whom he contracts. The surgeon, in accepting the patient, obligates himself to utilize his personal talents in the performance of the operation to the extent required by the agreement creating the physician-patient relationship. He cannot properly delegate to another the duties which the patient authorizes him to perform personally. 'Ghost surgery' comes under Article 257(Inflicting Bodily Injury on Other or on Lineal Ascendant) of the Criminal Code. Substitution another physician without the patient's consent and without his knowledge of the substitution shall be performed Inflicting Bodily Injury. This is a controversial issue that'ghost surgery' comes under Article 347(Fraud) of the Criminal Code. It maybe controversial that operation substituted by another physician without the patient's consent and without his knowledge of the substitution becomes the component of Fraud. Also, Ghost surgery' comes under Article 27 (Prohibition of Unlicensed Medical Practice, etc.), Article 22 (Medical Records, etc.), Article 33 (Establishment) of the Medical Service Act. The surgeon's obligation to the patient requires him to perform the surgical operation: (1) within the scope of authority granted him by the consent to the operation; (2) in accordance with the terms of the contractual relationship; (3) with complete disclosure of all facts relevant to the need and the performance of the operation; and (4) to utilize his best skill in performing the operation.

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Study on Development in Professional Work of Radiological Technologists (방사선사 업무의 발전에 관한 조사 연구)

  • Choi, Jong-Hak;Kim, Chang-Kyun;Kim, Won-Chul;Kim, Seung-Chul
    • Journal of radiological science and technology
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    • v.29 no.3
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    • pp.197-210
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    • 2006
  • This study explored several agenda related to license system, education, professional work of radiological technologists(RTs) and a transition process of law for them to investigate a developmental strategy of RTs as a professional career. The results are as followings : 1. The national license system for RTs was started from 1965, 1965-1972 x-ray technicians(medical assistance), 1973-present(2006) radiotechnologist(medical technologist) since then. 2. The average pass ratio of national license examination(1965-2006) for RTs was 46.6%. The method, subjects and level of the examination should be improved. 3. The education term for RTs has been changed since 1963 ; 1963-1990 two year college, 1991-1999 three year college, 2000-2006 four year and three year college depending on universities and colleges. As of 2006, there are twelve 4-year universities and eighteen 3-year colleges. The total number of new students were 1,956. 4. The new developmental paradigm should be made for technology education of RTs corresponding to the development of medicine and science. 5. The qualification system of clinical specialists in radio-technology field needs to be operated not by the non-governmental body(The Korean Radiological Technologists Association) but by the governmental body. 6. The vertical relationship among RTs, doctors and other medical workers should be rebuilt through the revision of law. Especially, doctors and dentists 'guidance authority' for RTs should be changed to 'request authority'. 7. The service extent of RTs should be extended in medical fields corresponding to professional work of RTs and a revision of the law needed for this situation.

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The Legal Interest of Doctor's Duty to Inform and the Compensation to Damages for Non-pecuniary Loss (의료행위에서 설명의무의 보호법익과 설명의무 위반에 따른 위자료 배상)

  • Yi, Jaekyeong
    • The Korean Society of Law and Medicine
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    • v.21 no.2
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    • pp.37-73
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    • 2020
  • Medical practice with medical adaptability is not illegal. Consent to medical practice is also not intended to exclude causes of Illegality. The patient's consent to medical practice is the exercise of the right to self-determination, and the patient's right to self-determination is take shape through the doctor's information. If a doctor violates his duty to inform, failure to inform or lack of inform constitutes an act of illegality of omission in itself. As a result, the legal interest of self-determination is violated. The patient has the right to know and make decisions on his or her own, even when it is not connected to the benefit of life and body as the subject of the body. If that infringed and lost, the non-property damage shall be recognized and the immaterial damage must be compensated. On the other hand, the violation of the duty of information does not belong to deny the compensation for physical damage. Which the legal interest violated by violation of the obligation to inform is the self-determination, and loss of opportunity of choice is recognized as ordinary damage. However, if the opportunity of choice was lost because of the infringement of the right to self-determination and the patient could not choice the better way, that dose not occur plainly bad results, under the prove of these causal relationship, that bad results could be compensated. But the unexpectable damage could not be compensated, because the physical damage is considered as the special damage due to the violation of the right of the self-determination.

A Study on the Qiu Zheng Lu (求正錄) of Zhang J ie Bin (張介賓) (장개빈(張介賓)의 <구정록(求正錄)>에 관한 연구(硏究))

  • Park, Hyuk-Kyu;Maeng, Woong Jea
    • The Journal of Korean Medical History
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    • v.18 no.2
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    • pp.137-187
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    • 2005
  • This thesis study of the medical concept Qiu Zheng Lu (求正錄) is discussed in the Lei Jing Fu Yi (類經附翼), a book authored by Zhang Jie Bin (張介賓) a medical doctor during the Chinese Ming (明) dynasty (1368-1683). The meaning of Qiu Zheng Lu (求正錄) is "searching for the rightness." In his book Zhang Jie Bin (張介賓) intended to clarify Qiu Zheng Lu (求正錄) by delineating the concept into four categories. These are: Sanjiao Baoluo Mingmen Bian (三焦包絡命門 辨) the theory of the triple warmer, the Pericardium, the Gate of Life ; Da Bao Lun (大寶論) the theory of the great treasure of the human body; Zhen Yin Lun (眞陰論) the theory of true-yin fluid; and Shi Er Zang Mai Hou Bu Wei Lun (十二臟脈候部位論) the theory of the part of the pulse and its condition in regards to the twelve viscera. Sanjiao Baoluo Mingmen Bian (三焦包絡命門辨), the theory of the triple warmer, the Pericardium, the Gate of Life. The triple warmer (三焦: Sanjiao) is composed of three parts: the upper, middle, and lower. This concept is also connected with the functions and roles of the vital organs. The upper burner is related to the heart and lungs. The middle burner is related to the liver and spleen. Whereas, the lower burner is related to the kidneys. Bao-Luo (包絡) is the Pericardium, the envelope of the heart, serving as the protector of the heart. Ming-Men (命門) is the Gate of Life, reffering to the vitals of life. It functions as kidney-yang which is considered as the origin of yang-energy of the human body, and serves partly as the function of cortico-adrenal gland in modern medicine. Zhang Jie Bin (張介賓) discussed the Da Bao Lun (大寶論) as the most important function in the human body because the Da Bao (大寶/great treasure) is the true-yang (眞陽) which is the affective force for physiological functions, and as the source of energy for life activities. Moreover, true-yang (眞陽) functions both as a heater and thermometer that warms the human body and indicates vitality by levels of body warmth respectively. The Zhen Yin Lun (眞陰論) theory states that if true-yang (眞陽) is energy, then true-yin (眞陰) is the source of energy. This can be likened to a tree with roots which absorbs nutrients from the ground (source), and spreads the nutrients (energy) through its branches. Thus, true-yin (眞陰) is the root cause for later functional activities of true-yang (眞陽). In Shi Er Zang Mai Hou Bu Wei Lun (十二臟脈候部位論) the theory of the pulse (脈 /Mai) and its condition in regards to the twelve viscera, Zhang Jie Bin (張介賓) insisted that when a diagnoses by the pulse is made the five vital organs and the six viscera (五臟六腑) of a human body should be harmoniously arranged in accordance with its respective part of the pulse. Furthermore, Zhang Jie Bin (張介賓) supported his theory with evidence from earlier Chinese medical doctors. And, by stating that human beings must cultivate and preserve their true-yin (眞陰) and true-yang (眞陽) energies he therefore created four new prescriptions called: Zuoguiyin (左歸飮), Youguiyin (右歸飮), Zuoguiwan (左 歸丸), Youguiwan (右歸丸). To further clarify his theory Zhang Jie Bin (張介賓) considered that the function of true-yang (眞陽) and true-yin (眞陰) is expressed by Ming-Men (命門). This theory is that for humans to be spiritually and physically healthy they must live in accord with natural law. Also, within the framework of natural law, astronomical and geographical factors must be considered for complete, holistic, health. Thus, Ming-Men is the basis for healthy living in the modern world.

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A Study on Patients Dose and Image Quality according to Source to Image receptor Distance in Abdomen Radiography: comparison of ESD measured and DRLs in other countries (복부일반촬영시 선원과 검출기간의 거리변화에 따른 영상 화질 및 피폭선량에 관한 연구)

  • Jang, Ji-Sung;Choi, Weon-Keun;Jung, Jae-Yon;Lee, Kwan-Sub;Ha, Dong-Yoon
    • Korean Journal of Digital Imaging in Medicine
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    • v.14 no.2
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    • pp.39-46
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    • 2012
  • Purpose : The purpose of this study was to reduce Entrance Surface Dose and maintain image quality by changing Source to Image receptor Distance. And we'd like to compare ESD on this study to DRLs in other contries. Materials and Methods : We used indirect DR system(Definium 8000, General Electric, USA)and phantom(ART-200X, Flukebiomedical, USA),glass dosimeters(GD-352M, Asahi Techno Glass, Japan)for this study. The imagies were obtained throuh 80kVp fixed, and different tube currents using AEC mode in $16{\times}16$(inch) field size and changing Source to Image receptor Distance from 100 cm to 130 cm per 10 cm unit. The phantom with attaching 5 glass dosimeters on abdomonal skin was set at supine and erect position as a anterioposterial projection on detector For measuring Entrance Surface Dose. Image analysis was conducted by histograms of Image J(1.46r) which was given from National Institutes of Health(NIH). Results : Due to inverse square law of distance, the tube currents were increasing 42.6 % in supine position and 32.6 % in erect position according to the change of Source to Image receptor Distance. While Entrance Surface Doses were rapidly decreasing 14.2 % in supine position and 29.4 % in erect position according to the change of Source to Image receptor Distance. As the results of histogram using Image J, pixel mean values from 100 cm to 110 cm, 120 cm and 130 cm were decreasing each 1.4%, 2.5%, 2.7%, 4.5%, 2.2 %, 5.8 % in supine, erect position. While standard deviations from 100 cm to 110 cm, 120 cm and 130 cm were increasing each 1.4 %, 2.5 %, 2.5 %, 4.0 %, 2.0 %, 4.9 % Consequently, there are no significant differences in abdomen images taken. Conclusion: As the results described above, we strongly recommend using long Sourceto Image receptor Distance than 100cm that we have been using. So, we should deliver less Entrance Surface Dose to the patients while maintaining image quality in abdomen radiography.

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Effectiveness and Safety of Pemetrexed Versus Docetaxel as a Treatment for Advanced Non-small Cell Lung Cancer: a Systematic Review and Meta-analysis

  • Di, Bao-Shan;Wei, Kong-Ping;Tian, Jin-Hui;Xiao, Xiao-Juan;Li, Yan;Zhang, Xu-Hui;Yu, Qin;Yang, Ke-Hu;Ge, Long;Huang, Wen-Hui;Zhang, Fang-Wa
    • Asian Pacific Journal of Cancer Prevention
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    • v.15 no.8
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    • pp.3419-3424
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    • 2014
  • Background: Our aim was to conduct a meta-analysis to compare the efficacy and safety of pemetrexed and docetaxel for non-small cell lung cancer (NSCLC). Materials and Methods: We systematically searched the Cochrane Library, PubMed, Embase, China Biology Medicine Database for randomized controlled trials (RCTs) comparing the efficacy and toxicities of pemetrexed versus docetaxel as a treatment for advanced NSCLC. We limited the languages to English and Chinese. Two reviewers independently screened articles to identify eligible trials according to the inclusion and exclusion criteria and assessed the methodological quality of included trials, and then extracted data. The meta-analysis was performed using STATA12.0. Results: Six RCTs involving 1,414 patients were identified. We found that there was no statistically significant differences in overall response rate, survival time, progression-free survival, disease control rate, and 1-2yr survival rate (p>0.050) but it is worthy of mention that patients in the pemetrexed arms had significantly higher 3-yr survival rate (P=0.002). With regard to the grade 3 or 4 hematological toxicity, compared with docetaxel, pemetrexed led to lower rate of grade 3-4 febrile neutropenia, neutropenia, and leukocyts toxicity (p<0.001). There was no significant difference in anemia between the two arms (p=0.08). In addition, pemetrexed led to higher rate of grade 3-4 thrombocytopenia toxicity (p=0.03). As for the non-hematological toxicities, compared with docetaxel, pemetrexed group had lower rate of grade 3-4 diarrhea and alopecia. Conclusions: Pemetrexed was almost as effective as docetaxel in patients with advanced NSCLC. At the same time, pemetrexed might increase the 3-yr survival rate. As for safety, pemetrexed led to lower rate of grade 3-4 febrile neutropenia, neutropenia, leukocytes, diarrhea and alopecia toxicity. However, it was associated with a higher rate of grade 3-4 thrombocytopenia.

A study of 'the spleen(脾) is the basis of the acquired constitution(後天)' (비자후천지본(脾者後天之本)에 관한 고찰(考察) -오행이론을 중심으로-)

  • Jeong, Hyeon-Seok;Park, Chan-Guk
    • Journal of Korean Medical classics
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    • v.12 no.1
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    • pp.197-224
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    • 1999
  • The conception of 'earth(土)' belonging to the five evolutive phases(五行) is cognized that it is not partial to any side differing from other four phases and it can control other four phases so, it is the first gate to enter the process of changes. In the five organs(五臟), the spleen come under the earth phases and it have been very importantly considered for past to now in oriental medical history, for example by Li Dongyuan(李東垣). In this study, the results are summarized as the followings. 1. The term of the acquired constitution(後天) made by So-ong(邵雍), a scholar in the north so-dynasty, is used in the study of the book of changes(易經). And he said "The inborn constitution(先天) is the law of the nature itself and, the acquired constitution(後天) is the law of making the changes with the nature." In the myung-dynasty Li jungjae(李仲梓) made extract from this remarks 10 define that the spleen is the basis of the acquired constitution. So it considered that the the idea of changes(易) had an effect on the oriental medicine. 2. The one element of five phases, earth is the center of the changes and it composes the power of life with the sangsu(生數)-1, 2, 3, 4, and the sungsu(成數)-6, 7, 8, 9. In this process, the earth is the basis of the changes of the five phases. At the same time the spleen carry out the important physiological role in the humanbody controlling the other four organs. 3. In the change of the universe, the repetitionary movement of Yin(陰) and yang(陽) is the action of earth and it means illimitable division. In the course of this division all things change to new phases for example, the food changes 10 the ki(氣) through the action of spleen and stomach. So the organ of spleen and stomach is the space that the action of change occur. 4. Consequently the conception of bi(脾) is close to the pancreas that the spleen. And the duodenum is close to the conception of stomach because the space is the site of mito(未土). 5. The action of yin and yang in the ancient taegukdo(太極圖) is close 10 the connection of N-pole and S-pole. In the humanbody the two power is compared to the action of spleen and kidney, that means expansion and contraction. Also it means the inborn constitution and the acquired constitution so, it applyed to the all things in the universe.

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Tawian's Health Care Reform and Its Lessons (대만 의료보장개혁과 교훈)

  • 이규식
    • Health Policy and Management
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    • v.8 no.1
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    • pp.232-265
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    • 1998
  • Taiwan has experienced rapid economic growth during the past two decades. As a result, the demand for health care in Taiwan has increased rapidly. To meet the rising demand, Taiwan implemented a National Health Insurance (NHI) program on March 1, 1995. This program now covers more than 96 percent of Taiwan's citizens. Implementation of the NHI in 1995 represents fulfillment of a primary social and health policy goals of Taiwan. The goals of the NHI program is to eliminate financial barriers of health care for the citizens, to improve the quality of care. To achieve these goals, the NHI was designed on the following principles: 1. All Taiwan citizens are compul내교 joined the NHI program by law; 2. The NHI program provides comprehensive services; 3. The NHI is run by one single govt' subsidy; 5. The NHI adopt fee-for-services scheme to pay medical expenses and copayment to avoid abouse of medical services. However, the scheme did not bring in the efficient use of health care C. National Health Council, 1986 NARC, Aging in Japan, International Publication Series 1991;2 Kahana EF. Kiyak HA. Attitude and behavior of staff in facilities for the aged, 1984 Naoki I, John CC. Health polic report japan's medical care system, New England Joumal of Medicine 1995; 333(19) National Economic Research Associates, The Health CAre System in Japan, NERA, 1993. National Federation of health Insurance Societies (KEMPOREM), Health Insurance and Health Insurance Societies in Japan, 1995. Owe Ahlund, Aging and housing in sweden, Paper presented at the International Symposium, Long term Care Facility, 1993. Statisitics Jahrbuch, Statistisches Bundesamt, 1992. Stein S. Linn, MIW. and Stein EM. Patient's anticipation of stress in nursing home care, 1985. U. S. Senate Special Committee on Aging, A Report of the special Committee on Aging, Washing D. C, 1992. U.S. Bureau of the Census, 1994.

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Development of an Information System for Accounting for the Level of Training of Future Specialists in the Field of Information Technology

  • Alla Kapiton;Nataliia Kononets;Valeriy Zhamardiy;Lesya Petrenko;Nadiya Kravtsova;Tetiana Blahova
    • International Journal of Computer Science & Network Security
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    • v.24 no.1
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    • pp.95-106
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    • 2024
  • The article is devoted to the design and development of an information system for preserving the results of testing to verify the residual knowledge of students of the resource for training specialists in information and communication technologies. The purpose of the study is to provide a scientific justification for the problem of developing professional training of specialists in information and communication technologies in the process of using an information system to save test results to verify students' residual knowledge and to verify the effectiveness of its implementation in universities. According to the results of the experiment, it can be argued that the introduction of an information system to preserve the results of testing to test students' residual knowledge in the educational process contributes to the professional training of specialists in information and communication technologies at the universities of Ukraine. The practice of development and use of modern information technologies focused on the implementation of psychological and pedagogical goals of teaching and education is fundamentally new mediated by modern technical and technological innovations.