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KMID : 0861120140180030105
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Korean Journal of Oriental Preventive Medicine
2014 Volume.18 No. 3 p.105 ~ p.115
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A Case Note on the Medical Negligence of Traditional Chinese Herbal Medicine in the UK
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Lee Hai-Woong
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Abstract
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Objective : Traditional medicine (TM) has been playing its role in national healthcare system and it is takenas complementary and alternative medicine (CAM) from the viewpoint of modern Western medicine. In theUK, not a few practitioners of Traditional Chinese Medicine (TCM) are working as CAM practitioners usingherbal medicine and acupuncture therapy. Cases of dispute in the TCM practice are not rare these daysbecause patients who take TCM service are increasing by year.
Method : In the UK, dispute cases of the Traditional Medicine of East Asia can be found these days, however,it is hard to find a reported court case. A medical dispute case of TCM will be analysed to see the legalmanagement and the resolving principle in the alternative medicine practice with some cases of KoreanMedicine (KM) being discussed.
Results : The usual pattern of clinical negligence can be discussed from the points of a duty of care, breachof that duty by negligence, and the harm to the patient from that breach of duty. The judge followed thisprocedure In this case to discuss the claims. The department of health proposed to introduce regulation toprovide the reasonable quality in TCM practice, and the governmental system would be essential to regulateboth the TCM practice and practitioners.
Conclusion : The dispute case of traditional Chinese herbal medicine (TCHM) practice is important for theclinical negligence in TCHM practice. Judging the negligence of a TCHM practitioner involves the conventionalnegligence principle in tort law, and the TCHM practitioners are required to keep up with the up-to-dateinformation on the related medical specialty. The reasoning is almost the same as that shown in the courtcase of Korea. The TCHM practice in the UK needs to be under the regulation by the government. Thestandard of care we expect of a TCHM practitioner is a further matter to discuss from the healthcare andsocial viewpoints.
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KEYWORD
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traditional medicine, TCM, medical negligence, dispute, regulation, Korean Medicine
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