Earticle

초록

영어

Medical treatment has great potential for conflict. Even the best-trained doctors can commit medical malpractice that result in continuing physical or mental disabilities or even death. Medical conflicts have been increasing over years. The medical conflicts between patient and medical professionals that result from medical professionals’ mistakes are often fueled by a violation on the pretext of the injuries form medical malpractice and can lead to litigation. The litigation usually cost a lot of money and time. The extension of the litigation period as well as expensive cost and lack of medical knowledge placing a great burden on patients. Alternative Dispute Resolution(ADR) is more efficient than litigation. In 1988, the medical dispute mediation system has been introduces as the Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation by Korean Medical Association came into effect after 23 years of enactment efforts. Medical Dispute Mediation Act(hereinafter referred to as the “MDMA”) has finally entered into force from 8 April 2012. The purpose of the MDMA is to promptly and fairly redress injuries caused by medical malpractice and create a stable environment for medical services of public health or medical professionals by providing for matters regarding the mediation and arbitration of medical disputes(MDMA §1). In an effort to secure the fair, speedy and inexpensive resolution of every malpractice case, the Korea Medical Dispute Mediation and Arbitration Agency(hereinafter referred to as the “K-MEDI”) was established. Following the MDMA, the K-MEDI shall endeavor to ensure the medical dispute mediation or arbitration proceedings are conducted in a prompt, fair, and efficient manner, and patients and medical professionals shall attend proceedings in good faith with mutual trust and understanding when they participate in medical dispute mediation or arbitration proceedings.

목차

I. 서론
 II. 의료분쟁조정법의 기본이념
  1. 서언
  2. 당사자 간 자율적 분쟁해결
  3. 의료사고로 인한 피해의 구제
  4. 보건의료인을 위한 안정적 진료환경의 조성
 III. 의료분쟁조정법의 현실
  1. 서언
  2. 소제기에 의한 조정신청의 각하
  3. 피신청인의 조정참여거부에 의한 조정절차의 불개시
  4. 조정부의 구성에 판사 1인, 감정부의 구성에 검사 1인을 반드시 포함시키도록 한 규정의 실효성
  5. 의료사고감정단의 감정위원수
 IV. 결어
 참고문헌
 ABSTRACT

키워드

의료사고 의료분쟁조정 중재 의료소송 보건의료인 의료분쟁조정법 손해배상금 대불 Malpractice Medical dispute Mediation Arbitration Litigation ADR

저자

• 김민중 [ Kim, Min-Joong | 전북대학교 법학전문대학원 교수 ]

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