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KMID : 1234820230240030027
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Korean Society of Law and Medicine
2023 Volume.24 No. 3 p.27 ~ p.55
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A Legal Study on Division of Labor and Collaboration within the Same Medical Institution
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Baek Kyoung-Hee
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Abstract
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The term “Collaborative medical care” commonly used in South Korea refers to the case where doctors from different medical departments work together to treat a patient within the same medical institution. Therefore, “Collaborative medical care” represents the aspect of a medical team where various medical professionals collaborate based on their expertise to treat patients. Additionally, doctors from different specialties within the medical team engage in horizontal division of labor at an equal status, distributing legal responsibilities according to the principles of division of labor.
The Supreme Court also acknowledges cases where multiple doctors collectively provide medical treatment through division of labor or collaboration and states that the doctor who initially attended to the patient must accurately inform the subsequent attending doctor about the patient’s condition to enable appropriate measures.
In medical institutions with multiple specialties, when doctors from different specialties collaborate to provide medical treatment, the doctor who attended to the patient initially must decide whether collaboration is necessary based on the patient’s condition. Subsequently, they must inform the doctor from the relevant specialty about the patient’s condition accurately to facilitate appropriate actions. The successor doctor who participates in collaborative medical care must actively communicate relevant treatment information related to the patient’s condition with the predecessor doctor who requested collaboration, exchange opinions, and do so until the patient’s treatment concludes. However, the determination of the necessity of collaborative medical care should be based on the patient’s condition at the time, and it cannot be asserted that collaborative medical care is mandatory in all cases. Whether there is negligence in the decision about the necessity of collaboration will be assessed based on the legal principles of a doctor’s duty of medical care.
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KEYWORD
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Collaborative medical care, Medical team, Principle of division of labor, Principle of trust, Horizontal division of labor
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