Earticle

초록

영어

According to the review and analysis of medical cases that are assigned to the Supreme Court and all local High Court in 2011 and that are presented in the media, it was found that the following categories were taken seriously, medical and pharmaceutical product liability, the third principle of trust between medical institutions, negligence and causation estimation, responsibility limit, the meaning of medical records and related judgment of disturbed substantiation, Oriental doctors’ duties to explain the procedures, IMS events, whether one can claim for each medical care operated by non-physician health care institutions to the nonmedical domain in the National Health Insurance Corporation, and the basis of norms for each claim. In the cases related to medical pharmaceutical product liability, Supreme Court alleviated burden of proof for accidents with medical and pharmaceutical products prior to the practice of Product Liability Law and onset the point of negative prescription as the time of damage strikes to condition feasibility of the specific situation. In the cases related to the 3rd principle of trust between medical institutions, the Supreme Court refused to sentence the doctor who has trusted the judgment of the same third-party doctors the violations of the care duty. With respect to proof of a causal relationship and damages in a medical negligence case, the Supreme Court decided that it is unjust to deny negligence by the materials of causal relationship rejecting the original verdict and clarified that the causal relationship shall not deny the reasons to limit doctors’ responsibilities. In order not put burden on patients with disadvantages in which medical records and the description of the practice or the most fundamental and important evidence to prove negligence and causation are being neglected, the Supreme Court admitted in the hospital’s responsibility for the case of the neonate death of suffocation without properly listed fetal heart rate and uterine contraction monitor. On the other hand, the Seoul Western District Court has admitted alimony for altering and forging medical records. With respect to doctors’ obligations to description, the Supreme Court decided that it is necessary to explain the foreseen risks by the combination of oriental and western medicines emphasizing the right of patient’s self-determination. However, questions have arisen whether it is realistically feasible or not. In a case of an unlicensed doctor performing intramuscular stimulation treatment (IMS), the Supreme Court put off its decision if it was an unlicensed medical practice as to put limitation of eastern and western medical practices, but it declared that IMS practice was an acupuncture treatment therefore the plaintiff’s conduct being an illegal act. In the future, clear judgment on this matter should be made. With respect to the claim of bills from non-physical health care institutions, the Supreme Court decided to void it for the implementation of the arrangement is contrary to the commitments made in the medical law and therefore, it is invalid to claim. In addition, contrast to the private healthcare professionals, who are subject to redemption according to the National Healthcare Insurance Law, the Seoul High Court explicitly confirmed that the non-professionals who receive the tort operating profit must return the unjust enrichment and have the liability for damages. As mentioned above, a relatively wide range of topics were discussed in medical field of 2011.In Korea’s health care environment undergoing complex changes day by day, it is expected to see more diverse and in-depth discussions striding out to the development in the field of health care.

목차

I. 머리말
 II. 2011년 주요 의료 판결
  1. 혈우병 환자 HIV 감염발생 사건
  2. 유방암 오진사건
  3. 척추측만증 수술 후 하지마비 발생사건
  4. 과실과 책임제한 사유의 구분
  5. 의무기록의 기재에 관한 판결
  6. 한의사의 설명의무에 관한 판결
  7. IMS 시술
  8. 비자영 의료기관 운영 관련 판결
 III. 종합
 참고문헌
 ABSTRACT

키워드

의약품 제조물책임 신뢰의 원칙 과실 및 인과관계 추정 책임제한 의무기록 입증방해 한의사의 설명의무 비자영 의료기관 IMS Medical and pharmaceutical product liability The principle of trust Negligence and causation estimation Responsibility limit Medical records Disturbed substantiation Oriental doctors’ duties to explain the procedures IMS Non-physician health care institutions

저자

• 유현정 [ Yoo Hyun Jung | 법무법인 명율 변호사, 의료문제를 생각하는 변호사 모임 학술단장 ]
• 서영현 [ Seo Young Hyun | 법률사무소 히포크라 대표변호사, 의료문제를 생각하는 변호사 모임 총무단장 ]
• 이정선 [ Lee Jung Sun | 법룰사무소 건우 대표변호사, 의료문제를 생각하는 변호사 모임 학술이사 ]
• 이동필 [ Lee Dong Pil | 법무법인 로앰 대표변호사, 의료문제를 생각하는 변호사 모임 운영위원 ]

참고문헌

발행기관

간행물