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KMID : 0986720040120020063
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Korean Journal of Medicine and Law
2004 Volume.12 No. 2 p.63 ~ p.100
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A Rational Scheme for Medical Malpractice Compensation in OBGYN: Focusing on a Structural Analysis by Types
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Min Hye-Young
Sohn Myong-Sei
Kim Ki-Kyong
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Abstract
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Although fetal deaths in labor are most frequently adverse events in local obstetric clinic in Korea, a lack of attention has been paid to build guidance and compensation system for fetal death. This study, hence, was conducted to assess the rates of fetal death in labor and the average amounts of compensation for such damage. A case-record review was conducted. Data from 3,147 litigation records was collected retrospectively from the Council of Arbitration of the Korean Medical Association (1991-2001) for 11 years period. These case-records were reviewed by RNs and classified into characteristics of medical practice and injury outcome. A total number of cases in labor were 581 cases: vaginal delivery 310 cases (53.4%) and caesarean section 271 cases (46.6%). Then, this study included 269 cases with fetal death in labor from 1991 to 2001. The average amount of compensation for fetal death was $13,480 won, less than that of maternal death ($53,250) and both of deaths ($57,345). Fetal death cases were presented in 26.2% of obstetric cases, but the scope of the amounts of compensation was vary large and couldn´t be standardized to estimate. In conclusion, the normative debate should be necessary to build a rational guide to compensation for damage. Objective indicators, however, might be considered to evaluate the amounts of compensation for fetal death. Furthermore, fixed amounts of compensation can be applied to fetal death in labor. This study is a useful data for standardization of malpractice insurance coverage for fetal death in Korea
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KEYWORD
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German Health Insurance Act, health insurance system, General Group Contract(GGC), Individual Group Contract(IGC), environmental factors
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