醫療紛爭과 ADR

• 영문명: Medical Dispute and Alternative Dispute Resolution
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김천수(Cheon-Soo Kim)
• 간행물 정보: 『비교사법』比較私法 제13권 제1호, 1~51쪽, 전체 51쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.03.01

영문 초록

  The Medical disputes have increased continuously in Korea since all Koreans get the policy of public medical insurance in the 1980s. But the Korean legal resolution system including the medical litigation do not take confidence from any parties of the disputes. Especially the plaintiffs tend to think the distribution of the burden of proof in the medical litigation is still unfair. Many defendants including physicians complain that the present precedent of Korean Supreme Court relating to the medical litigation is not fair, so they insist that they should practice medicine defensively.
  It is suggested that one of the causes of the discontent of the all parties of the medical litigation be the lack of the judges’ knowledge about the medicine, so the alternative dispute resolution[ADR hereafter] should be introduced. Therefore the medical malpractice crisis and the ADR system of the United States are analysed in this paper. Many states of U.S. have the positive attitude toward the introduction of the ADR system in the medical malpractice litigation. But it should be noted that they have experienced twice the medical malpractice crisis, have tried the reform of the litigation system and they have the different judicial system.
  So the present writer takes the prudent attitude about the introduction of the ADR system for the medical dispute resolution. The causes of the discontent with the present medical litigation system should be analysed for sufficient time and try to reform the litigation system including the evidence rule of the medical litigation.

목차

Ⅰ. 序論
Ⅱ. 의료분쟁의 합리적 해결을 위한 미국의 논의
Ⅲ. 의료분쟁의 합리적 해결을 위한 우리의 논의
Ⅳ. 結論
[참고문헌]
【ABSTRACT】

키워드

의료사고 의료분쟁 의료과오 의료소송 ADR 분쟁해결 Medical Accident Medical Dispute Medical Malpractice Medical Litigation Resolution of Dispute