3.Legal Theories, Disability Models and Principles of Disability Assessment.
Journal of Forensic Medicine 2023;39(4):329-336
In the personal injury compensation system, the protection and relief of the injured people's rights to life, rights to health, and body rights are generally based on the results of disability assessment. Over the years, with the increased number of personal injury compensation cases, the practice of disability assessment have been greatly developed, and the development of disability assessment standards tends to be mature. However, the lack of basic theories for disability assessment has seriously affected the construction and unification of standards. Starting from the tort legal system of personal injury compensation, this article systematically analyzes the legal theories of disability assessment, and holds that the loss of labor ability is the legal basis for disability assessment in China, and the essence of disability assessment should be understood as the quantitative assessment of an individual's permanent loss of labor ability. This article combines the international disability assessment models and the primary concepts of American Medical Association's Guides to the Evaluation of Permanent Impairment to refine the basic concepts of disability assessment in China, such as impairment, disability, handicap, disabled people and self-care ability, etc. At the same time, it sorts out the critical issues of identification time, promotion principles and compound calculation of multiple injuries in disability assessment. It is expected to be beneficial to the theory and practice of disability assessment in personal injury compensation.
Humans
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Disability Evaluation
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Liability, Legal
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China
4.An Overview of In-flight Medical Care.
Korean Journal of Aerospace and Environmental Medicine 2008;18(3):69-77
Medical issues in the air such as in-flight deaths, diversions, deliveries have gained increasing publicity. In-flight medical emergencies are expected to increase because air travel continues to expand and as more elderly or invalid passengers often wish to fly long distances. The protection of passenger health is an important obligation of airlines. Most airlines have prepared many resources for in-flight medical care. Resources may include emergency medical kits including medications, portable oxygen bottles and automated external defibrillator (AED), trained flight attendants with available in-flight medical care. Furthermore, air to ground communication systems are prepared. Although the number of serious medical events is very small, despite increased airline's efforts, physician passengers are occasionally called upon to care for the ill or injured passengers at any time. Medical liability has always been in the mind of physicians called upon to treat a patient in-flight. Therefore, fear of liability is cited as a major reason for physicians reluctance to offer assistance. New legislation that would require all commercial flights to carry AEDs should also include a "Good Samaritan" provision that exempts from liability physicians who step forward to offer assistance in-flight medical emergency. Physicians take an important role in case of in-flight medical emergencies. This paper describes the multiple in-flight resources to be used by physician passengers who is called upon to help passengers in the cabin.
Aged
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Defibrillators
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Diptera
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Emergencies
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Humans
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Liability, Legal
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Oxygen
7.The Law and Telemedicine.
Journal of Korean Society of Medical Informatics 2007;13(1):1-7
This article provides a general overview of the interface between law and telemedicine. The piece is not a roadmap for any one legal system but rather attempts to illustrate issues which cut across borders, recognizing that each country's legal system may have unique impacts on telemedicine. The article notes that the nature of the legal issue will be colored by the nature of the telemedicine application in question, as well as by consideration of whether a given program is in a development or applied phase. Broad topics to be considered in this piece include medical liability, patient rights, privacy and licensure.
Jurisprudence*
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Liability, Legal
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Licensure
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Patient Rights
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Privacy
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Telemedicine*
9.Robotic transoral thyroidectomy for papillary thyroid carcinoma
Hong Kyu KIM ; Dawon PARK ; Hoon Yub KIM
Annals of Surgical Treatment and Research 2019;96(5):266-268
Transoral robotic thyroidectomy (TORT) is well consistent with the primary goal of remote-access thyroid surgery, which is to avoid a visible cervical scar. Additionally, the extent of transoral thyroidectomy dissection is less than that of other remote-access surgical procedures. Owing to these merits of the transoral approach, several institutions around the world are now performing this procedure. Since transoral thyroidectomy is performed in a confined, narrow space, and is characterized by a close distance from the ports to the working space, more benefits can be derived from multiarticulation of robotic instruments. Especially when performing left lobectomy by TORT, the surgeon can use right-handed robotic instruments over the thyroid cartilage with the merits of multiarticulation. In this study, we present our unique procedure of left lobectomy by TORT in detail.
Cicatrix
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Liability, Legal
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Thyroid Cartilage
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Thyroid Gland
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Thyroid Neoplasms
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Thyroidectomy
10.Surgical Informed Consent Process in Neurosurgery.
Journal of Korean Neurosurgical Society 2017;60(4):385-390
The doctrine of informed consent, as opposed to medical paternalism, is intended to facilitate patient autonomy by allowing patient participation in the medical decision-making process. However, regrettably, the surgical informed consent (SIC) process is invariably underestimated and reduced to a documentary procedure to protect physicians from legal liability. Moreover, residents are rarely trained in the clinical and communicative skills required for the SIC process. Accordingly, to increase professional awareness of the SIC process, a brief history and introduction to the current elements of SIC, the obstacles to patient autonomy and SIC, benefits and drawbacks of SIC, planning of an optimal SIC process, and its application to cases of an unruptured intracranial aneurysm are all presented. Optimal informed consent process can provide patients with a good comprehension of their disease and treatment, augmented autonomy, a strong therapeutic alliance with their doctors, and psychological defenses for coping with stressful surgical circumstances.
Clinical Decision-Making
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Comprehension
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Humans
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Informed Consent*
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Intracranial Aneurysm
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Liability, Legal
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Neurosurgery*
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Paternalism
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Patient Participation