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KMID : 1234820220230020171
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Korean Society of Law and Medicine
2022 Volume.23 No. 2 p.171 ~ p.209
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Review of 2021 Major Medical Decisions
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Park Tae-Shin
Yoo Hyun-Jung
Lee Jeong-Min
Cho Woo-Sun
Jeong Hey-Seung
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Abstract
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There were also many medical-related rulings in 2021, among which the rulings reviewed in this paper are as follows.
The first relates to a case in which the medical record, which is the primary judgment data regarding the presence or absence of medical negligence, has been modified. The court judged whether there was negligence on the basis of the first written medical record without considering the contents of the medical record that was later modified.
Next, the ruling on the case of asking for liability for damages for prescription of anti-obesity drugs recognized negligence related to prescription, but denied liability for property damage by denying a causal relationship, and recognized only alimony for violation of the duty of explanation.
The a full-bench ruling on the scope of subrogation of the National Health Insurance Corporation, which subrogates the claims for compensation for medical expenses against the perpetrator of the patient, changed the existing precedent that had taken the 'deduction method after offsetting negligence' and judged it as 'the method of offsetting negligence after deduction'.
In addition, in the ruling on whether or not there was negligence, the court was not bound by the medical record appraisal result.
Lastly, in relation to the National Health Insurance Service's disposition of reimbursement for medical care benefit costs, we reviewed the ruling that discretion should be exercised even when a non-medical person makes a refund to a medical institution opened by a non-medical person. And we also reviewed the ruling that the scope of reimbursement for medical institutions jointly using facilities and manpower specifically should be determined.
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KEYWORD
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Falsification of medical records, anti-obesity drugs, The scope of the National Health Insurance Corporation's subrogation, Medical record appraisal reply result, Disposition of reimbursement of medical care benefit expenses
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