의료분쟁의 법적책임과 ADR제도의 효율적 운영방안

• 영문명: A Study on Legal Liability and Efficient Planning for Alternative Dispute Resolution in Medical Disputes
• 발행기관: 한국중재학회
• 저자명: 남선모(Seon-Mo Nam)
• 간행물 정보: 『중재연구』 제26권 제4호, 129~149쪽, 전체 21쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

Medical dispute means the dispute between the hospital and the patient due to a medical accident. In general, medical accidents must be in accordance with the terms that are used in the medical dispute adjustment method stated in Article 2 (definition). In relation to this, there is a need to discuss an efficient operation scheme for Alternative Dispute Resolution (ADR) in medical disputes. In addition, it is necessary to look at issues of civil liability and criminal liability. In particular, in the consumer dispute arbitration committee, there is a case to make a “decision not to adjust” in aggressive intervention in the process of conflict resolution. The medical staff, on the basis of its “decision,” can use this as a proven material for civil and criminal cases. This is rather upon the determination of the consumer council as a typical side effect to defend the user s perspective. This is the “decision” as was expressed from an order, “not adjusted.” It is also determined to be easy and clearly timely. In the medical litigation, it is requesting the burden of proof of a patient s cause-and-effect relationship with the doctors committing negligence and medical malpractice. This seems to require the promotion of legislation in the direction to reduce future cases. It is determined that the burden of proof of medical accidents must be improved. The institution receiving the medical accident should prevent a closure report. Further, it is necessary to limit the transition to a franchise point. In this paper, we understand the problems of the current medical dispute resolution system, trying to establish a medical dispute resolution system desirable through an efficient alternative. In addition, it wants help in the protection and realization in medical consumers’ and patients rights. The relevant authorities will take advantage of these measures. After all, this could contribute to the system for a smooth resolution of a medical dispute.

목차

Ⅰ. 서 론

Ⅱ. 의료분쟁의 법적 해결절차

Ⅲ. 중재를 통한 의료분쟁의 해결

Ⅳ. 의료분쟁의 해결을 위한 ADR제도의 효율적 운영방안

Ⅴ. 결 론

키워드

Medical Disputes Alternative Dispute Resolution Medical Arbitration Consumer Agency Written Decision Consumer Protection