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KMID : 1234820160170010139
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Korean Society of Law and Medicine
2016 Volume.17 No. 1 p.139 ~ p.168
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The Medical Disputes and Its Alternative Dispute Resolutions in Germany
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Kim Jang-Han
Lee Seok-Bae
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Abstract
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Two alternative dispute resolutions for medical dispute have been operated under the States of German Medical Associations. The first is the medical mediation committee of North german area, the other is the advisory committee on medical errors in North-Rhine area. The former has focused on the mediation itself, the latter commission has focused on the expert review itself whether the physician has maintained reasonable care in diagnosis and treatment. Even though these organizations have maintained under the medical associations, to maintain the neutrality on legal and medical decision, the North German mediation committee is composed of a lawyer and a medicine doctor respectively and North-Rhine advisory committee has a lawyer chair person and four medicine doctors. The main difference of Korean Medical Dispute Mediation Agency in respect from the german system is that expert review is subordinated to the mediation process. The neutrality of expert review is suspected from the medicine doctors. The neytrality and the efficiency should be improved to treat the medical disputes. To do so, lawyer and medicine doctor work together in mediation process and lawyer should manage the expert review process but not involved. Mediation process and expert review should be checked and balanced, and they could be developed as a separated process itself.
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KEYWORD
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German Medical Association, Medical Dispute, Korean Medical Dispute Mediation and Arbitration Act, Mediation, Expert Review
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