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KMID : 0986720140220010145
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Korean Journal of Medicine and Law
2014 Volume.22 No. 1 p.145 ~ p.175
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The Application of Legal Representative for Decision Making of Life Support Care - Oriented to Patient’s Constitutional Right and Guardian’s Representative Authority -
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Lee Hyo-Jean
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Abstract
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The Decision making of medical care for life support care is a difficult problem in modern society as the knowledge and technic relating to the life support care improves continuously. Therefore, the new solution for decision making with legal protection is demanded by patients, guardians, and health-care providers. In this situation, the author propose a new approach by patient’s constitutional fundamental right and guardian’s representative authority.
The new approach apply extant patient right to judge availability of discontinuance of medical care for life prolongation. And that approach make the best use of the adult guardian’s representative authority for legal protection in the procedure of decision making. In addition, hierarchial hospital ethics committee is applied for enhancing participation opportunity of health-care provider and protection of patients and doctors.
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KEYWORD
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life support care, decision-making, patient rights, guardian, hospital ethics committee
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