분업적 의료행위에 대한 민사책임제한으로서 신뢰원칙의 적용 여부-대법원 2011. 07. 14. 선고 2009다65416 판결을 중심으로-

Abstract

Clinical practice of psychiatric liaison with physicians is the first step for an early treatment of patient. Screening patients, carrying out intervention, and referring them to psychiatric specialists are running smoothly by the cooperation of member of the general hospitals. This association is being conducted by managers constituted of doctors, nurses, and medical social workers and the meeting is held every case at district general hospitals to achieve three objectives; (i) evoking a sense of responsibility for patients in the mind of general hospital staffs, (ii) developing a network for psychiatric liaison with physicians to care patients of their disease, and (iii) keeping up activities of the association. Through case conference of surgery and full accounts of the experiences given by recovered patients or their families, meeting attendants know patients’ distress, families’ sorrow, and their delight brought by the recovery, and are motivated to assist patients with disease. Thus, “spirit to spirit” is a keyword to develop a network of the cooperative medical care for supporting patients with disease. Referral of patients to other hospital or physicians is promoted by a reliable, faithful, and face to face relationship between physicians and other hospital or physicians. Physicians’ learning the skill for early intervention in disease is followed by an increase in referral of patients to other hospital or physicians, and which suggests the importance of providing teaching and training of medical care for disease to medical staffs including doctors of emergency care units, orthopedics, obstetrics, and dentistry. Therefore, systematic tools for screening former examination in general practice and for referring patients to other hospital or physicians after brief intervention are needed to be prepared under the leadership of a learned society. Popularizing the skill of brief intervention in general medical practice is also indispensable for advising patients about changing their abstinence. The subject case of this study will bring great teaching point into academic society, legal field, and medical arena.