의료분쟁의 실태와 해결에 관한 연구

• 저자

  최정필

• 형태사항

  iv, 96p. ; 26 cm

• 일반주기

  지도교수: 손종학

• 학위논문사항

  학위논문(석사)-- 충남대학교 특허법무대학원 : 일반법무학과 2017. 8

• 발행국

  대전

• 언어

  한국어

• 출판년

  2017

• 초록 (Abstract)
  • Medical practice is aimed at life saving such as human life protection and health promotion, and it is an act accompanied by an invasion to human body in essence, and it implies danger in itself. Therefore, it is difficult to predict the outcome even though only a highly specialized medical practitioner performs it. And since there is still some unexplained parts regarding the disease and the treatments in spite of development in medical and medicine, the consequence of bad that is the possibility of a medical accident always exists. In case of the occurrence of such a medical accident, a medical dispute is initiated by asserting by the patient that the medical person has responsibility in a medical malpractice that does not fulfil the obligation of care. In the past, the vertical relationship between doctors and patients, which persisted in the relationship between the giver and the beneficiary, changed into a horizontal relationship. The medical dispute was caused by various causes such as a quantitative increase in medical activities and a collapse of mutual trust relations, and the aging of the population and the increase in medical activities related to cosmetic surgery are accelerating the occurrence of medical disputes. In addition, the aging of the population and the increase in medical activities related to cosmetic surgery are accelerating the occurrence of medical disputes. As a result of defensive actions, surgeons' surplus and defensive medical care have appeared, and the distrust between the doctor and the patient is getting worse, resulting in a side effect of increasing medical litigation and social cost. As a result of defensive actions, surgeons' excessive defensive medical care have appeared, and the distrust between the doctor and the patient is getting worse, and it is resulting a side effect of increasing medical litigation and social cost. In order to resolve such medical disputes, there are reconciliation and arbitration system on the court in addition to civil and criminal proceedings as a judicial solution in Korea. With Alternative Dispute Resolution(ADR), arbitration system by Korean Medical Association Mutual Aid, Medical Professional Liability Insurance, and 「Framework Act on Consumers」 and 「Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes」 is being executed. However, due to the limitations of each system, the effect is not showing up well, and problems still remain to be improved for the stable settlement of each system. Therefore, in order to solve the increasing medical disputes, active efforts such as change of the consciousness of the disputing parties looking at medical disputes through education, and revision of the laws through in-depth discussion of the government, medical and social sectors for the settlement of the current dispute settlement system, and policy development would be needed.