No abstract available.
Malpractice*

By reviewing five medical tangle cases after traumatic injury, the characters of these cases and the cause of medical malpractice had been discussed. After the analysis of the responsibility to the death caused by traumatic injury and medical malpractice, the assessment principle of cooperative competition of causes and degree of participation had been introduced. Meanwhile, it is believed that if comprehensive postmortem examination and pathologic examination were carried out to verify the death cause at first, they would play more important role in the appraisal of medical tangle cases after traumatic injury.
Abdominal Injuries/surgery* ; Accidents, Traffic ; Adult ; Craniocerebral Trauma/surgery* ; Defensive Medicine ; Female ; Forensic Medicine ; Humans ; Male ; Malpractice ; Young Adult

There has been a great deal of concern about medical malpractice in Korea. Exact figures are difficult to determine, but medical accidents or disputes have increased since the late 1980's. Since 1988, there have been various legislative attempts to pass the 'Medical Dispute Adjustment Act', a kind of alternative dispute resolution. Finally, in March 2011, the mediation law was enacted. The purpose of this law is to create a rapid, efficient recovery system for patients, and to provide a safe, stable environment for medical personnel. Even though medical accidents are inevitable, like other accidents, of course neither doctors nor patients wish for them to occur. However, the medical system lacks an alternative solution for promoting a rational process for communication about medical accidents. As a result, violence against doctors and occupation of medical institutions are more common than they could be. Meanwhile, the Supreme Court has alleviated the burden of proof in medical disputes by applying the theory of prima facie evidence to protect the rights of patients. Though the Supreme Court's position is reasonable in terms of patient care, these cases could lead to 'defensive medicine'. This phrase refers to treatments motivated more by the reduction of liability than by medical needs. This means an increase in health care costs. Above all, civil litigation requires a great deal of time for both parties. Consequently, if medical accidents are inevitable, medical personnel should respond proactively to accidents rather than concealing them. The social recognition of medical malpractice must change in order to create an effective adjustment system and prevent as many medical accidents as possible.
Defensive Medicine ; Dissent and Disputes ; Health Care Costs ; Human Rights ; Humans ; Jurisprudence ; Korea ; Malpractice ; Negotiating ; Occupations ; Patient Care ; Violence

No abstract available.
Financial Management* ; Malpractice*

BACKGROUND: In recent years the duty of physician's explanation is involved in significant issues in the area of Medical Malpractice. The medicolegal aspects have become increasingly important as the Korean public has turned to the Courts for redness when their expectations of medical treatment are not met. The purpose of this paper is to set the duty to physician's explanation on medical treatment concerning the patient's consent by interpretations of our supreme court. METHODS: Interpretations of our supreme court in 9 cases were analyzed in legal aspects of physician's explanation on medical treatment. Also the causes and incidence of special anesthetic permission(SAP), and incidence of detailed explanation sheets(DES) were analyzed deparmentally. RESULTS: In 9 cases of interpretation of supreme court, 6 cases were recognized in consolation money due to violation of the duty to physician's explanation, 2 cases were recognized in consolation money and demand reparation for injury due to medical faults. CONCLUSIONS: The physician must provide full and appropriate explanation on meidcal treatment concerning the consent to patient, which is given the opportunity to ask questions or to make a choice if any is to be made.
Humans ; Incidence ; Jurisprudence ; Malpractice

No abstract available.
Informed Consent* ; Malpractice*

On the basis of retaining the technical identification system of medical negligence, the Medical Association Identification Rules of Medical Damage mainly provides technical services for various types of conciliation work about doctor-patient dispute. Its identification work is still influenced by the thinking of medical negligence technical identification and has certain administrative color. Guidance for Judicial Expertise of Medical Malpractice is mainly reflected that the trial of civil cases and pre-trial mediation of courts need service. Its procedures and evidence review are strictly required by the litigation rules and has the characteristics of public legal services provided as a third-party neutral institution. Technical identification of medical damage, whether organized by the Medical Association or the forensic identification institutions, is carried out under the background of the current Regulations on the Prevention and Treatment of Medical Disputes and the Civil Code of the People's Republic of China; both have a corresponding positive role in regulating the medical damage identification activities, and have also laid a certain foundation for the establishment of a unified identification system in the future in China. To understand the different characteristics of the medical damage identification rules issued by the Chinese Medical Association and the Ministry of Justice, and to improve the understanding of the standardization of the forensic identification of medical damage, a comparative study was conducted on Medical Association Identification Rules of Medical Damage and Guidance for Judicial Expertise of Medical Malpractice from seven aspects: Concept and legal status, entrust of identification, identification acceptance, identification procedures, identification presentation meeting, theory of medical malpractice evaluation, consequences and causality of medical damage. The subject of evaluation, the function of evidence review, the role of consulting experts, the technical standard system of malpractice evaluation and other contents were emphatically analyzed.
China ; Forensic Medicine ; Humans ; Malpractice

While most patients undergo orthognathic surgery for aesthetic purposes, aesthetic improvements are most often followed by postoperative functional complications. Therefore, patients must carefully decide whether their purpose of undergoing orthognathic surgery lies on the aesthetic side or the functional side. There is a wide variety of complications associated with orthognathic surgery. There should be a clear distinction between malpractice and complications. Complications can be resolved without any serious problems if the cause is detected early and adequate treatment provided. Oral and maxillofacial surgeons must have a full understanding of the types, causes, and treatment of complications, and should deliver this information to patients who develop these complications.
Humans ; Malpractice ; Oral and Maxillofacial Surgeons ; Orthognathic Surgery*

PURPOSE: The purpose of this study was to identify the effects of an education program on safety perception, safety control, autonomy and accountability in clinical nurses. Precedent cases related to patient safety were used in the education program. METHODS: A quasi-experimental design with pretest and posttest measures was used. Participants in the study, 72 nurses in the experimental group, 71 nurses in the control group, were enrolled for 3 months. The education program was composed of the 20 precedent cases related to patient safety from home and foreign countries. RESULTS: The major findings of this study were as follows: Safety perception (p=.000), Safety control (p=.000), attitude toward autonomy (p=.000), and attitude toward accountability (p=.000) improved after the education program. CONCLUSION: The findings from this study indicate that an education program using precedent cases is an efficient method to improve behavior and change attitudes towards protecting patients' safety and preventing malpractice claims against nurses.
Humans ; Malpractice ; Patient Safety ; Social Responsibility

Dentists ; legislation & jurisprudence ; Humans ; Malpractice ; legislation & jurisprudence