의료정보에 대한 의료인의 권리와 의무
Medical Professional’s Rights and Duties to Manage Medical Information
0
조회
0
다운로드
6
인용
0
참고문헌
키워드
초록
Medical information is the information which is collected during the medical practices from the patient. Therefore, medical information is considered as an object of patient’s right. However, considering the process of generating medical information, the role of medical professionals becomes more and more important than ever. Also, the need for using medical information in research is growing as the biomedical science is developed. Most debates on medical information have focused to protect medical information for patient’s privacy. Medical information contains private secretion of patient. If medical information is misused or abused, patient’s privacy can be harmed. There are many provisions which aim to protect medical information. Some types of medical information are generated by the contribution of medical professional’s knowledge and experiences to patient’s raw data. For example, medical professionals should decide which diagnostic tests should be done based on the patient’s subjective symptom. Their medical knowledge and experiences will influence their decision. Also, selecting treatment they will be influenced by their knowledge and experiences. Because of theses reasons, some types of medical information is the subject of patient’s and medical professional’s rights or medical professional’s right. As the situation surrounding medical practices is changing, the legal theories or regulatory framework of medical information should be changed. Medical professional’s right on medical information should be recognised as their contribution.
Abstract
Medical information is the information which is collected during the medical practices from the patient. Therefore, medical information is considered as an object of patient’s right. However, considering the process of generating medical information, the role of medical professionals becomes more and more important than ever. Also, the need for using medical information in research is growing as the biomedical science is developed. Most debates on medical information have focused to protect medical information for patient’s privacy. Medical information contains private secretion of patient. If medical information is misused or abused, patient’s privacy can be harmed. There are many provisions which aim to protect medical information. Some types of medical information are generated by the contribution of medical professional’s knowledge and experiences to patient’s raw data. For example, medical professionals should decide which diagnostic tests should be done based on the patient’s subjective symptom. Their medical knowledge and experiences will influence their decision. Also, selecting treatment they will be influenced by their knowledge and experiences. Because of theses reasons, some types of medical information is the subject of patient’s and medical professional’s rights or medical professional’s right. As the situation surrounding medical practices is changing, the legal theories or regulatory framework of medical information should be changed. Medical professional’s right on medical information should be recognised as their contribution.
참고문헌 (14)
- 김진경, "의료정보 이용 및 공개에 관한 법적기준 -미국 프라이버시 규칙과 피험자보호 규칙의 검토-", 한양법학, (28), pp.209~222 (2009), 한양법학회
- 길준규, "의료정보상 개인정보보호방안 - 독일법과 정보보호법리를 중심으로", 법과정책연구, (1(6)), pp.117~137 (2006), 한국법정책학회
- 박우성, "개인정보보호-의료기관 개인건강정보보호" (2010), Pacific Books
- 박종현, "의료연구에 있어서 개인건강정보 보호 및 활용-미국 HIPAA의 프라이버시 규칙을 중심으로", 법과사회, (37), pp.241~268 (2009), 법과사회이론학회
- 백윤철, "우리나라에서 의료정보와 개인정보보호", 헌법학연구, 11(1), pp.395~442 (2005), 한국헌법학회
- 손영수, "진료기록과 환자의 프라이버시", Korean Journal of Obstetrics and Gynecology, 51(2), pp.129~136 (2008), 대한산부인과학회
- 송지은, "u-헬스케어 서비스에서의 의료정보보호", 정보보호학회지, 17(1), pp.47~56 (2007)
- 이상명, "의료정보화와 의료정보보호", 법학논총, 25(1), pp.41~58 (2008), 법학연구소
- 장석천, "의료정보보호와 민사법적 문제", 법학연구, (28), pp.159~180 (2007), 한국법학회
- 전영주, "의료법상 의료정보 보호방안", 법학연구, (28), pp.465~483 (2007), 한국법학회
- 정규원, "건강정보의 이차적 이용", 법학논총, 27(1), pp.183~198 (2010), 법학연구소
- 정규원, "의료정보의 활용 및 보호", 정보법학, 6(1), pp.1~25 (2002)
- 정부균, "환자 의료정보 보호의 문제", 의료법학, 9(2), pp.339~382 (2008), 대한의료법학회
- 지혜정, "인터넷 환경에서의 의료정보화와 환자개인정보보호 방안", 한국인터넷방송통신학회 논문지, 8(5), pp.235~241 (2008), 한국인터넷방송통신학회
