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KMID : 0615720120290040071
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Jouranl of Korean Acupuncture and Moxibustion society
2012 Volume.29 No. 4 p.71 ~ p.79
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Legal Study on the Explanatory Duty for Medical Practice in Korean Medicine by Judicial Precedent Analysis
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Lee Mee-Sun
Kim Kun-Hyung
Yang Gi-Young
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Abstract
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Objectives: The purpose of this study is to set the explanatory duty on traditional Korean medical(TKM) treatment by analyzing the judicial precedents.
Methods: The study was performed by analyzing nine cases of lawsuits related to Korean medicine doctor and explanatory duty among the medical dispute cases in Korea from 1968 through 2012.
Results: Nine closed claims occurred regarding the violation of explanatory duties in the field of TKM practice. Two claims were decided by supreme court, three were decided by high court, and four were decided by district court. The causes of lawsuits were categorized as follows : bee venom pharmacopuncture, herb treatment, and an explanation for safety.
Conclusions: To perform an explanatory duty has important legal implications for the protection of patients’ rights and Korean Medicine doctors’ autonomy on TKM treatment.
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KEYWORD
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explanatory duty, medical practice, traditional Korean medicine(TKM), judicial precedents
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