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KMID : 0387319910010010072
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Korean Journal of Health Policy and Administration
1991 Volume.1 No. 1 p.72 ~ p.94
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The Proposal of Reforming for Resolving Medical Malpractice Disputes
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이규식
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Abstract
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The number of disputes between physicians and patients caused by medical malpractice are showing a sharp increasing over the past several years. The disputes on medical malpractice may be resolved either in court or by direct negotiation between both sides concerned.
There are no special acts relating to the civil or penal liability of the physicians in Korea. The medical disputes are decided merely through legal technicalities and without reference to actual medical practice. The current system which does not compensate injured patients adequately or equitably leads to taking a long time consuming for dispute resolution processes. The things make worsed, the problem is due to not being of insurance system or a proper funds for compensation.
This research proposes a outline of new and comprehensive alternative for these problems and failure of conventional resolution of medical disputes. So far, we have learned lessons from the experiences of resolving medical malpractice disputes of Japan and the United States.
The proposal first calls for an administrative arbitration and pretrial screening panels as a condition precedent to trial. The proposal also includes to facilitate with the funds for compensating the injured.
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KEYWORD
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