Analysis of lawsuit cases in the Department of Surgery in Korea

Ji Yun Jung; So Yoon Kim; Dong Gyu Kim; Choong Bai Kim; Kyong-Choun Chi; Won Kyung Kang; Won Lee

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자료유형: 학술저널

저자정보: Ji Yun Jung (Korea Institute of S&T Evaluation and Planning (KISTEP)) So Yoon Kim (Yonsei University College of Medicine) Dong Gyu Kim (Yonsei University of Medicine) Choong Bai Kim (Yonsei University of Medicine) Kyong-Choun Chi (Chung-Ang University College of Medicine) Won Kyung Kang (The Catholic University of Korea) Won Lee (Yonsei University College of Medicine)

저널정보: 대한외과학회 Annals of Surgical Treatment and Research Annals of Surgical Treatment and Research Vol.94 No.3

발행연도: 2018.3

수록면: 113 - 117 (5page)

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Purpose: The aim of this study is to prepare medical staff in order to prevent medical malpractice litigation through analysis of litigation cases related to the department of surgery in Korea.
Methods: A total of 94 litigation cases related to the department of surgery, where a certain amount of payment was ordered to the defendant between 2005 through 2010, were analyzed. We examined time of occurrence, amount claimed and awarded in damages, plaintiff claims, and court opinion.
Results: An average of 3.2 years was spent from the date of the incident occurring to the end of the litigation procedures. The average amount awarded in judgments for damages was 59,708,983 ± 67,307,264 (range, 1,700,000–365,201,482) Korean won. Cases were found involving the following opinion of the court: violation of duty of care (49 cases), violation of informed consent (7 cases), violation of duty of care and informed consent (5 cases), and settlement, reconciliation, and others (32 cases). By analyzing defendants’ negligence in court opinions, diagnosis (30.8%) was the most common, followed by post-operation management (27.7%).
Conclusion: Physicians have to conduct treatment and surgery based on exact diagnosis and be careful to observe patients’ conditions and symptoms after surgery. It is essential to identify the current status and characteristics of medical litigation for reducing further litigation and improving patient safety. In order to create a safe medical environment, national efforts should be made not only by individuals but also at the national level.

#Malpractice #Jurisprudence #Liability #Legal

참고문헌 (19)

참고문헌 신청

[보고서] - Supreme Court of Korea / / Jurisdiction annual report (2005-2015) : 2005 ~ 2015

[보고서] - Korea Consumer Agency / / Annual report and casebook on consumer remedy damage (2005-2015) : 2006 ~ 2016

[단행본] - Korea Medical Dispute Mediation / 2016 / Medical dispute mediation and arbitration statistical yearbook 2015 : 334 ~

[단행본] - Shin EH / 2007 / A study for analysis of the current status of medical disputes and the characteristics by medical department: centered on the data of 2006 Korea Consumer Agency

[단행본] - Min HY / 1997 / A study on the significantly influential factors of malpractice suit

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