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KMID : 1025620150180030296
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Korean Journal of Medical Ethics
2015 Volume.18 No. 3 p.296 ~ p.313
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Trends of United States Court Cases on Ghost Surgery
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성수연:Sung Soo-Yeon
저자없음:No authors listed
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Abstract
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Substituting other unauthorized doctor for a surgeon given prior permission by the patient, or allowing an unauthorized doctor to perform surgery without proper supervision corresponds to ghost surgery. Ghost surgery constitutes an infringement on a patient``s inherent personal right to control his/ her own body and a right to well-informed decision on his/her intention. Such illegal medical practices destroy trust relationships between a doctor and a patient, and may be punished for violating criminal laws, the Medical Service Act, and the Act on Special Measures for the Control of Public Health Crimes. Assistance provided by a resident or a fellow surgeon under proper supervision after disclosing all substantial information related to surgery to a patient and obtaining informed consent does not fall under ghost surgery. The ghost surgery may happen in any hospital. To avoid this, the role, position and identification of the surgeon, including the surgeon``s participation, should be disclosed on the written consent form, as well as in the obligatory explanation of the surgeon. The smooth communication and interaction between physicians and patients are essential for the success of treatment. It is important for a patient to ask questions about surgery in order to avoid ghost surgery and to get clear and comprehensible answers to the questions. The doctor should take responsibility for the patients well-being in the whole process of surgery as well as the doctor should not substitute a surgeon, practicing a deception on the patient, nor leave the operating room or the patient.
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KEYWORD
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ghost surgery, surgery by a substitute surgeon, shadow doctor, doctor substitution, informed consent, patient right to self-determination
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