|
KMID : 1234820210220040089
|
|
Korean Society of Law and Medicine
2021 Volume.22 No. 4 p.89 ~ p.115
|
|
|
A Review of the Right to Terminate a Contract by a Medical Institution- Focusing on the Case that Treatment is Completed -
|
|
Park Da-Rae
|
|
|
Abstract
|
|
|
Korea’s health care delivery system is based on the Medical law and the National Health Insurance Act. In order to efficiently operate limited medical resources, it is classified to use medical institutions according to the severity of the disease.
The question is whether a tertiary care hospital can terminate a medical contract for a patient, if treatment for severe diseases has already been performed at a tertiary care hospital.
In the case of termination of treatment, the Korean court has both a judgment that recognizes the right to terminate and a judgment that denies the termination. Among the U.S. rulings, there are rulings that order transfer to a skilled nursing facility or nursing home or home if acute treatment is no longer needed.
Considering that medical resources are limited, it is necessary to acknowledge the right to terminate the contract of the medical institution when treatment by a medical institution is completed.
|
|
|
KEYWORD
|
|
|
Medical contract, Terminate the contract, Refusal to treat, Justifiable reason, Request a discharge
|
|
|
FullTexts / Linksout information
|
|
|
|
|
|
Listed journal information
|
|
|