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KMID : 0986720050130020057
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Korean Journal of Medicine and Law
2005 Volume.13 No. 2 p.57 ~ p.76
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Total Cost Estimation of Malpractice Disputes in Korea
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Sohn Myong-Sei
Min Hye-Young
Lee Il-Hak
Lee Mi-Jin
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Abstract
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Unexpected results caused by medical services are defined as “"malpractice,” and the doctor must bear the responsibilities following the medical treatment. Malpractice disputes are disputes between patients, who are seen as the only victim in this way, and medical personnel who do not admit to the charges. Unfortunately, in reality, an official approach to mutual understanding and communication in the instance of such disputes does not exist. Moreover, an exact estimation of the total cost required to settle all malpractice disputes, which is the most important matter in creating such communication possible, is not being conducted. Therefore, this paper estimates the current medical dispute settlement cost of Korea by use of indexes appropriate for an exact estimation. These indexes will be obtained by analyzing related subject matters from secondary data, and hospital and clinic survey data. This paper cross-investigates the secondary data and survey data to compare and examine the reasonable malpractice dispute occurrence rate and cost of compensation. Since malpractice disputes at the clinic level and those at the hospital level have different aspects, disputes will be categorized into these two groups, analyzed, and then combined for the estimation. Building the framework for a practical compensation system is the most essential matter in the malpractice dispute settlement system. By estimating the total cost of malpractice dispute settlement, this paper will provide basic data to build the framework.
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KEYWORD
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Compensation, Malpractice, Medical Dispute, Patient Right, Hospital Liability
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