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KMID : 0986720150230020067
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Korean Journal of Medicine and Law
2015 Volume.23 No. 2 p.67 ~ p.89
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A Comparative Study on the Patient Safety Law : Korea, USA and Denmark
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Kim Jeong-oh
Lee Mi-Jin
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Abstract
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The Korean crisis of Middle East Respiratory Syndrome in 2015 has happened due to the lack of awareness on safety by the people as well as by the government. However, the crisis can be understood as one of the cases that has occurred by lack of mechanism to protect patient safety. Based upon those social environments, we have comparatively studied the institutional systems and legal regulations for patient safety, established in Korea, United States of America and Denmark. We identified characteristics of the patient safety acts of the three countries based upon voluntary report system.
The patient safety acts have commonly possessed a new trait different from the current administrative regulations. The features of the acts are the following: autonomy, confidentiality, immunity, and integrity. The patient safety acts do not depend upon a strict restriction or administrative opportunism. The system for patient safety is based upon the following schemes; collecting of information through the voluntary reporting system by medical persons and medical facilities, reviewing and analyzing carefully the collected information, and feeding back the analyzed results to the medical persons and medical facilities. Therefore, it is essential to give incentives to the medical persons and medical facilities in order that the voluntary reporting system is successfully maintained and operated. For this purpose, the basic measure is to guarantee the confidentiality of the reporter and the reported informations. One of the important incentives is to protect the provider from punishment or disadvantage. And the reported information is immune to be submitted or admitted as an evidence for the civil, criminal or administrative proceedings. Further the range of information collection and management of patient safety expands from the local level to the national one. The acts aim to integrate all kinds of information related with the medical errors into that system.
The Korean patient safety system that will be established following the act of 2015 should keep these basic principles in order to be settled and implemented successfully in the future.
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KEYWORD
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patient safety act, patient safety, voluntary reporting system, medical error
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