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KMID : 0986720110190010085
Korean Journal of Medicine and Law
2011 Volume.19 No. 1 p.85 ~ p.110
A Research on claims of medical malpractice litigation for Children and Adolescents
Lee Kyung-Suk

Sohn Myong-Sei
Abstract
The frequency of medical malpractice litigation has increased accordingly as the occurrence of medical disputes increased. This paper has investigated medical malpractice claims for children and adolescents. For this study, 79 medical malpractice cases from 2000 to 2006 have been analyzed. A type of disease differed by age. The defendant lost the cases mostly because of violation of ¡®Duty of Care (94.9%)¡¯. Because it is very difficult to take the history and get cooperation for physical examination from young children, a possibility of misdiagnosis is much higher than adults. And parents are usually reluctant to have their child get the invasive test or procedure. Despite these difficulties, medical accidents can be significantly prevented if appropriate practices are followed based on the history taking and symptoms.
The ultimate goal of the analysis of the characteristics of children and adolescents and related medical malpractice claims is to improve the quality of their lives. If we make continued efforts to prevent medical disputes through an analysis on controversial issues, we will be able to reduce medical accidents and medical malpractice claims. Then, children and adolescents could live a better and healthier life after all.
KEYWORD
children and adolescents, Medical Malpractice Litigation, Duty of care, Duty to Physician`s Explanation
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