Earticle

초록

영어

A physician has to do his best for the better treatment of his patiensts. But, if a physician cannot remedy his patients because of the lack of hospital facilities, the lack of medical knowledge and etc., the physician must transfer his patients to another suitable hospital immediately. This is called the duty of interhospital transfer of patients. The necessity of interhospital transfer of patients is primarily ocurred in emergency medical care situations. The Supreme Court Decision 2010DO7070 delivered on April 29, 2010 is one of the important decisions related to the duty of interhospital transfer of patients. The Supreme Court ruled that there were the physician's medical malpractice and the causation between the physician's medical malpractice and the death of patient, as the physician has left the patient without due observations for 1 hour and 30 minutes after the caesarean operation inspite of mass bleeding during the operation, and has transferred the patient to another suitable hospital later. And the Supreme Court ruled that the transferring physician has to explain the situation of the patient in detail to the physician being transferred. I agree with the Supreme Court Decision. As decided by the Supreme Court, physicians will treat their patients more carefully and in case of necessity for transfer, physicians will transfer their patients with more caustion. However, the study for this issue should be continued hereafter because concrete standards are not given to lawers and physicians just by the Supreme Court Decisions itself.

목차

I. 들어가며
 II. 공소사실의 요지
 III. 대법원 판결 요지
  1. 전원지체 과실에 관하여
  2. 응급환자를 전원하는 의사가 전원받는 병원 의료진에게 제공할 설명의무의 범위에 관하여
  3. 전원과정상 설명의무 위반에 관하여
  4. 인과관계에 관하여
 IV. 사건의 전개과정
  1. 관련의학 지식
  2. 피해자의 분만과정, 전원과정 및 사망과정
  3. 제1심 판결 및 검사항소이유 요지
  4. 항소심 판결
 V. 전원의무
  1. 전원의무의 의의
  2. 전원의무의 근거
  3. 전원의무의 범위
 VI. 전원의무 관련 쟁점 및 대법원판례
  1. 의학적 필요성에 의한 전원
  2. 전원전의 조치의무
  3. 적절한 시점에서의 전원
  4. 환자ㆍ보호자에 대한 설명ㆍ동의
  5. 전원받을 의료기관의 결정
  6. 전원대상 환자에 대한 정보제공
  7. 전원과정에서의 주의의무
  8. 전원받는 의사의 주의의무
  9. 전원과 신뢰의 원칙
  10. 전원과 인과관계
 VII. 마치며
 참고문헌
 ABSTRACT

키워드

저자

• 김영태 [ Young Tae Kim | 서울고등검찰청 검사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  의료법학 [THE KOREAN SOCIETY OF LAW AND MEDICINE]

• 간기

  계간

• pISSN

  1229-8069

• 수록기간

  2000~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 517 DDC 613