Although the number of foreign patients visiting Korea for medical treatments or plastic surgery is rapidly increasing, countermeasures against unforeseen medical disputes involving foreign patients are adequate. To date, the record shows that most foreign patients have visited doctors at the departments of family medicine, internal medicine, dermatology (incl. plastic surgery), and healthcare centers, which, fortunately, indicates that there are not many severe, high risk patients. However, if the current growth rate continues to rise and the number of foreign patients visiting each department continues to grow, more diverse medical practices will be likely to take place in the future, and consequently, it is expected that the possibilities of medical malpractice and the costs of dispute resolution will also rise dramatically. When a medical dispute occurs, in general, a lawsuit is ultimately settled by the court. However, since this can damage the creditworthiness of medical institutions and also incur significant litigation costs, which is a typical characteristic of a medical lawsuit, medical professionals or institutions will be heavily burdened. Furthermore, an adequate policy or countermeasure against a medical dispute with a foreign patient has not yet been established, and it would be difficult to resolve a dispute by finding the middle ground, due to relative standards and policies between countries. Now, we need to improve the existing policies and prepare for countermeasures that will allow us to precisely predict the nature of such disputes, which have been increasing, and resolve them peacefully. Based on such knowledge, this study aims to establish countermeasures against medical disputes with foreign patients, and examine ways to promptly and reasonably resolve them at an early stage.
목차
I. 서론 II. 외국인환자와의 의료분쟁 사전 예방대책 1. 의료인 측면 2. 병원 측면 3. 유치업자 III. 의료분쟁의 합리적 해결 방안 1. ADR(소송외적 분쟁해결) 절차의 적극적인 활용 모색 2. 소송을 통한 분쟁해결 IV. 검토해 볼 문제 1. 국내법 적용 문제 2. 앞으로의 관제 참고문헌 ABSTRACT
대한의료법학회는 “법학계, 법조계, 의료계가 공동하여 의료법학의 학제적 연구와 판례 평석 등을 통하여 전문분야에 있어서의 법률문화 향상에 기여함을 그 목적”으로 하여 1994년 2월에 태동한 이후 1999년 4월 24일에 공식 출범한 이래 2006년 3월 30일 법무부 산하의 사단법인으로 등록된 세계적 수준의 순수 학술단체이다.