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KMID : 1234820210220020003
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Korean Society of Law and Medicine
2021 Volume.22 No. 2 p.3 ~ p.48
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Review of 2020 Major Medical Decisions
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Park Noh-Min
Jeong Hey-Seung
Park Tae-Shin
Yoo Hyun-Jung
Lee Jeong-Min
Cho Woo-Sun
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Abstract
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Among the major rulings handed down in 2020, there were cases involving anaphylaxis, which is timely as a side effect of coronavirus and flu vaccine. And as a rare case, a ruling was handed down that if medical treatment was done so unfaithfully beyond the limit of patience of ordinary people, it can be an independent illegal act and a cause of compensation for emotional distress. Also, there was a ruling in the appellate court that evaluated disability rate applying the Korean Academy of Medical Sciences Guides for the Evaluation of Permanent Impairment, not McBride system. And the supreme court made it clear that telemedicine is illegitimate. In relation to duty of explanation, it is in the process of adding detail criterion on the firm principles in the individual cases. In regard of medical records, there was a case that even when a medical record is strongly suspected to be tampered with, it is not considered to be an obstruction of proof. There were cases that resulted in different conclusion between the court of first instance and the appellate court rulings. Lastly, in the face of a growing number of cases in which doctors are sentenced to prison for malpractice, we reviewed a ruling that sentenced a doctor to prison.
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KEYWORD
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Anaphylaxis, Medical treatment beyond the limit of patience, Disability evaluation, duty of explanation, medical record tampering, obstruction of proof, Telemedicine
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