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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
논문 기본 정보
- 자료유형
- 연구보고서
- 저자정보
- 발행연도
- 2005.12
- 수록면
- 13 - 200 (190page)
이용수
초록· 키워드
오류제보하기
In the past 10 years, the number of malpractice claims filed against physicians increased ten times. The reasons of rapid increasing are various, the most important reason is breaking belief toward doctors. In past, patients regard doctor as humanistic, patients believed that medical treatments were proper. In these days, patients regard patient-doctor relation as contract. And conflicts(includng lawsuits) concerned with medical malpractice are rapidly increased.
There are many approaches to managing and resolving conflicts. The solutions they seek are those that allow people in conflicts to satisfy their interests and minimize their costs. And now, more than ever before, there is a need for dispute resolution procedures that assist parties in meeting their needs, satisfying their interests, and minimizing physical and psychological harm. For these reasons, the Alternative Dispute Resolution ("ADR") methods have made an important contribution to peaceful dispute resolution in the field of medical accidents.
The purpose of this paper is to address the concept and procedures of ADR in the field of medical accidents in Korea, and then to explore some ways of improving the ADR procedures in Korea. Now, the Korean courts are confronted with a great burden of caseloads, and thus inevitably need diverse ADR methods. Various ADR methods are available to resolve medical malpractice claims. Many promise to work more effectively and fairly than the current tort system. Litigation is adversarial, traumatic, and often detrimental to the patient-physician relationship. Litigation stress can take an enormous toll on the both the plaintiff and the defendant. The expense of litigation prevents equal access to the system; sometimes patients who have suffered damages from medical negligence are not able to secure representation because their claim is too small.
The other purpose of this paper is to provide alternative strategies for resolving malpractice disputes that have been applied to medical malpractice actions. In actions for damage arising out of medical malpractice, the question of evidence, whether the cause of action is breach of obligation or tort action, is considerably different from that in general proceedings. That is, as most of the evidence is centered on the part of doctors, the successful chances of patients in such actions are low. There has been much research on theories which attempt to overcome these problems under the Evidence Act. In this thesis, I made a similar attempt at, by taking into consideration, in particular, the applicability to Korean legal procedures, the doctrines of "reduction of burden of proof", "shift of burden of proof" and "obstruction of evidence production" by analyzing these doctrines.
There are many approaches to managing and resolving conflicts. The solutions they seek are those that allow people in conflicts to satisfy their interests and minimize their costs. And now, more than ever before, there is a need for dispute resolution procedures that assist parties in meeting their needs, satisfying their interests, and minimizing physical and psychological harm. For these reasons, the Alternative Dispute Resolution ("ADR") methods have made an important contribution to peaceful dispute resolution in the field of medical accidents.
The purpose of this paper is to address the concept and procedures of ADR in the field of medical accidents in Korea, and then to explore some ways of improving the ADR procedures in Korea. Now, the Korean courts are confronted with a great burden of caseloads, and thus inevitably need diverse ADR methods. Various ADR methods are available to resolve medical malpractice claims. Many promise to work more effectively and fairly than the current tort system. Litigation is adversarial, traumatic, and often detrimental to the patient-physician relationship. Litigation stress can take an enormous toll on the both the plaintiff and the defendant. The expense of litigation prevents equal access to the system; sometimes patients who have suffered damages from medical negligence are not able to secure representation because their claim is too small.
The other purpose of this paper is to provide alternative strategies for resolving malpractice disputes that have been applied to medical malpractice actions. In actions for damage arising out of medical malpractice, the question of evidence, whether the cause of action is breach of obligation or tort action, is considerably different from that in general proceedings. That is, as most of the evidence is centered on the part of doctors, the successful chances of patients in such actions are low. There has been much research on theories which attempt to overcome these problems under the Evidence Act. In this thesis, I made a similar attempt at, by taking into consideration, in particular, the applicability to Korean legal procedures, the doctrines of "reduction of burden of proof", "shift of burden of proof" and "obstruction of evidence production" by analyzing these doctrines.
목차
국문요약
제1장 서론
제2장 의료인과 환자간 갈등의 원인과 실태
제3장 의료갈등 일반론
제4장 갈등해소방안에 관한 비교법적 검토
제5장 소송을 통한 의료갈등 해결방안
제6장 소송 이외의 의료갈등 해소방안
제7장 결론
참고문헌
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UCI(KEPA) : I410-ECN-0101-2012-364-003836415