국내 판례분석을 통한 의료사고 예방대책 연구 - 외국인 환자 의료사고 예방을 중심으로-

Abstract

This study was designed to analyze the cases of medical dispute in order to develop the preventive strategies of medical accident and dispute, especially for foreign patients. The method used in the study was content analysis, with 630 domestic precedents. Our observation was distinct particularly in obstetrics and gynecology: the admit rate was lower than that of any other specialties in the judgment while the violation of explanation duty less raised question but was less accepted. On the other hand, the violation of explanation duty became as issue in dermatology and plastic surgery, which are closely related to medical tourism. Obstetrics & gynecology and pediatrics were relatively high in the sum of accept, while surgery, orthopedics, and neurosurgery were much lower than internal medicine, neurology, and psychiatry. The suspect and admission of medical error happened mostly during surgical operation and procedural, diagnosis, and observation of patient in order. Interestingly, patient transfer was relatively important factor in admission of medical error as well. The rate of medical error in admission occurred mostly in management of medical facilities and patient safety. Recently, explanation duty became increasingly important for resolving medical dispute. Considering communication barrier with foreign patients, there should be no exception. Based on the findings, we have extracted several major legal issues as following: explanation duty, patient transfer, and management of facilities and patients. In this study, we therefore suggest effective communication and restoration of trust in patient-doctor relationships, the cultivation of medical professionalism, and the strength of cultural sensitivity, as well as ADR(alternative dispute resolution) as preventive strategies of medical accident for foreign patients.