Earticle

초록

영어

Tobacco has become the world's leading cause of deaths and diseases. And the tobacco use and dependence itself is a kind of diseases, so-called "mental and behavioural disorders due to use of tobacco" in 「International Statistical Classification of Diseases and Related Health Problems(ICD-10)」 and 「Korean Standard Classification of Diseases」. The tobacco use and dependence is a chronic disease that requires repeated clinical interventions and multiple attempts to quit. But effective treatments to the tobacco use and dependence are developed and exist that can significantly increase the rate of long-term smoking abstinence. So the physicians should warn smoking patients about the dangers of smoking to the health and the life, and the clinicians ought to provide one of more of the treatments which have been proven effective in helping smokers quit to smoke. It has been concluded that if a doctor failed to provide effective treatment for smokers, and the smokers subsequently died of the smoking- related conditions(tobaccosis) or became incapacitated by the tobaccosis, the smokers were considered in the medical malpractice. Thus the smokers could sue the physician for medical malpractice, claiming that the doctor's legal responsibility of appropriate treatments including smoking-cessation which the physician deliberately or negligently breached.

목차

I. 논의의 제기
 II. 의사의 금연 건강지도의무
  1. 금연 건강지도의무의 의의
  2. 금연 건강지도의무의 법적 근거 검토
 III. 금연 건강지도의무 소홀과 의료과오책임
  1. 금연 건강지도 관련 미국의 사례
  2. 영국 등 각국의 사례
  3. 고찰
 VI. 요약 및 결론
 참고문헌
 ABSTRACT

키워드

건강권 건강증진 건강보험 담배 흡연 담배중독병 금연진료 의료행위 건강지도 요양지도 의료과오 tobacco use and dependence mental and behavioural disorders smoking-cessation medical malpractice dangers of smoking

저자

• 김운묵 [ Un-Mook Kim | 한국보건복지인력개발원 교수, 한국입법학연구소 수석연구위원, 보건학박사 ]

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