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KMID : 1234820170180010297
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Korean Society of Law and Medicine
2017 Volume.18 No. 1 p.297 ~ p.341
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Review of 2016 Major Medical Decisions
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Park Tae-Shin
Yoo Hyun-Jung
Jeong Hye-Seung
Lee Dong-Pil
Lee Jung-Sun
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Abstract
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We searched out court rulings on medical affairs through court library search sites and specialized articles on medically relevant judgments sentenced in 2016. And we selected and analyzed the judgements of the court we considered important as follows. In relation to the medical civil judgements, ① In the case of applying surgery for female infertility during cesarean section operation but it has not been done, we expressed the regret for the lack of judgment in the process of entering the medical contract, introducing the rights infringed and the scope of compensation, ② We pointed out that the ruling on the medical malpractice estimation goes out of limit of negligence estimation doctrine, and that the court asked very high degree duty of the traditional Korean medicine doctors to cooperate with Western medicine doctors. ③ In the case of admitting hospital’s 100% responsibility, we pointed out the court overlooked the uncertainty and good intention of the medical practice. ④ Additionally, We introduced the cases admitted the hospital's responsibility in the accident related to the psychiatric patients in closed ward. Relating to a medical criminal ruling, we analyzed the supreme court decision about whether the dentist’s Botox injection on the patient’s face is a medical practice within the scope of the license from the viewpoint whether it is within the possible range of the word. And, concerning decisions on healthcare administration, ① we analyzed the case about when medical personnel operate multiple medical institutions, whether it is possible to get back medical care costs under the National Health Insurance Law, ② We commented on the ruling regarding explanation obligation in terms of object, degree, subject of explanation as a prerequisite for permissible arbitrary uninsured benefits. Finally, we reviewed the decision of the Constitutional Court about the Article 24 of the Mental Health Law, which it had allowed for a mental patient to be hospitalized forcibly by the consent of two guardians and a diagnosis of a psychiatrist. Also we indicated the problems of the revised Mental Health Law.
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KEYWORD
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Surgery for female infertility, Negligence estimation, The scope of dental physician's license, Multiple operating medical institutions, Arbitrary uninsured benefits, Protective hospitalization, Closed ward
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