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KMID : 0986720110190010133
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Korean Journal of Medicine and Law
2011 Volume.19 No. 1 p.133 ~ p.159
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The Perspective of The System on Mediation in The Act of Medical Malpractice Damage"s Relief and Mediation for Medical Dispute Resolution
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Shin Eun-Joo
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Abstract
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On March, 2011, the Act of Medical Malpractice Damage"s Relief and Mediation for Medical Dispute Resolutuin was enacted. The purpose of the Act is to relieve damages due to medical malpractice quickly and fairly. Thus, it pursues to create stable circumstances in medical service. The enactment of the Act means to change how people resolve dispute for medical malpractice. Because the Act seeks to resolve the dispute of medical malpractice through mediation or arbitration as alternation of lawsuits. So the disputants have more initiative in the course of dipute resolution by this Act. But mediation or arbitration in this act is not controlled the process by the disputants, because the act provides how and who deals with this process. However, the way of dipute resolution in medical malpractice by this Act is useful for the disputants. It establish a department of estimation and let it identify negligence of medical personnel and causation. The proof of negligence and causation is done by that department. So patient doesn"t prove the negligence and causation on medical malpractice any more. In this sense, patient can overcome difficulties in proof. In addition to that, the committee of mediation give some proposition to the disputants. The dipute is ended if they accept the proposition. Therefore, the dispute through mediation or arbitration can resolve simpler and quicker than a lawsuit. The disputants in medical malpractice can resolve not only legal issues but also interests related the dispute, though. Accordingly, this alterantive way of dispute resolution is disirable. In conclusion, we look forward to resolve the dipute of medical malpractice through mediation or arbitration in the Act.
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KEYWORD
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medical malpractice, mediation, arbitration, alternative dispute resolution
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