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KERD
논문KCI 등재

소아안과 영역에서 발생한 의료소송의 판례 분석

The Judicial Precedent Analysis of Medical Litigation in the field of Pediatric Ophthalmology

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초록

Objective : The purpose of this study is to describe the characteristics of medical malpractice related to pediatric ophthalmology and to identify the causes and potential preventability of medical litigation in Korean medicine . Methods : A study was performed by analysing 8 cases of lawsuit in the year between 1968 and 2011, which were selected among the medical dispute cases involving pediatric ophthalmology. Results : The eight closed claims occurring in the field of pediatric ophthalmology were founded in the data for medical malpractice. One claim was supreme court decision, two claims were high court decisions and five claims were district court decisions. Conclusions : While malpractice claims occurring in the field of pediatric ophthalmology were uncommon, they resulted in a high rate and amount of indemnity payments. For reduction of medical disputes, improvement of clinical trials and clinical medical cares is emphasized, and informed consent is also important.

Abstract

Objective : The purpose of this study is to describe the characteristics of medical malpractice related to pediatric ophthalmology and to identify the causes and potential preventability of medical litigation in Korean medicine . Methods : A study was performed by analysing 8 cases of lawsuit in the year between 1968 and 2011, which were selected among the medical dispute cases involving pediatric ophthalmology. Results : The eight closed claims occurring in the field of pediatric ophthalmology were founded in the data for medical malpractice. One claim was supreme court decision, two claims were high court decisions and five claims were district court decisions. Conclusions : While malpractice claims occurring in the field of pediatric ophthalmology were uncommon, they resulted in a high rate and amount of indemnity payments. For reduction of medical disputes, improvement of clinical trials and clinical medical cares is emphasized, and informed consent is also important.

참고문헌 (9)

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  7. Park JK, "The Standard of Care in Malpractice", The Comparative Law, 7, pp.53~77 (2007)
  8. 손용근, "損害賠償 訴訟上의 醫療過失 -論點의 分析과 提言에 중점 두어-", 한양법학, 25(25), pp.77~102 (2009), 한양법학회
  9. 이미선, "판례분석을 통한 한방의료행위개념의 법적 근거 고찰", 한국한의학연구원논문집, 15(3), pp.19~28 (2009), 한국한의학연구원

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