http://chineseinput.net/에서 pinyin(병음)방식으로 중국어를 변환할 수 있습니다.
변환된 중국어를 복사하여 사용하시면 됩니다.
- 中文 을 입력하시려면 zhongwen을 입력하시고 space를누르시면됩니다.
- 北京 을 입력하시려면 beijing을 입력하시고 space를 누르시면 됩니다.
RISS 인기검색어
- 검색키워드
- 주제어 : Doctor`s obligation to explain (검색결과 3 건)
- 무료
- 기관 내 무료
- 유료
-
崔幸植(Choi Haeng-Sik) 한국법학회 2004 법학연구 Vol.17 No.-
The protection of patients' right is one of the most serious issues in the course of such highly divided and specialized conducts of medical doctors as practiced today. Since medical doctors are usually given fair grade of authority for their medical judgements, there comes on the scene the necessity to protect the right of patients from danger of being exposed to peremptory treatment of medical doctors. Moreover, the treatment of doctors may incur the intrusion into the bodies of patients, an act which requires the prior consent of patients in order to be deemed justifiable, If a patient does not know about what a doctor is going to do for treatment, the patient may not be able to agree to it. This is why the obligation of medical doctors to explain is emphasized with a view to assure the right of patient's self-determination concerning medical treatment. The present paper reviews primarily the scope of doctor's obligation to explain, which is believed today to constitute one of doctor's responsibilities together with those of medical examination, medical record keeping, presentation of medical charts for view and observance of secrecy. This study also covers the effects of violation of such obligations. A brief comment will follow lastly to deal with the basis for recognition, contents and effects of consent by patients for the intrusion into patients' body which is a prerequisite to make the treatment of medical doctors justifiable.
-
노상엽 ( Sang Yup Roh ) 가톨릭대학교 법학연구소 2010 법학연구 Vol.5 No.1
Conventional medical practice is done by the medical contract. recently, the problem of self-determination has emerged in medical practice. A medical doctor about his decision from the actors themselves sufficient explanations, make decisions about medical practice to medical care for these patients is. However, the exercise of his or her discretion will be permitted unlimited. Is not necessarily so. If you suspect that genuine self-determination, is not permitted by law, not my decision if 3rd party, in violation of good customs and other social order, even if you exercise self-determination is the existence of certain limits. Recently in Korea, various issues related to self- determination is taking place. Regarding his or her decision, but events and according to specific criteria regulations is not available, only the court`s interpretation and practice of medicine, said the charge is not an exaggeration. Analysis of the specific statutory criteria or standards does not raise problems in doing this is always difficult to follow. As a matter of conclusion, his or her decision to exercise his / her doctor, according to the good or the reality if permit of such self-determination. As a result, the unfortunate events can happen, it significantly better. Before that can prevent these post-conflict or the system will require a legal basis, particularly as the ultimate exercise of self-determination, starting with various forms of the subject prepared by the will be. In this regard, advance health care directive in Germany or Austria, the national law-related information systems will be is very suggestive.
-
연명치료중단에 대한 환자측 사전 의료지시서의 법적효력에 대한 연구
고명환 ( Myung Hwan Ko ) 연세대학교 법학연구원 의료·과학기술과 법센터 2012 연세 의료·과학기술과 법 Vol.3 No.2
The Supreme Court of Korea ruled that patients have the right to terminate medically meaningless treatment upon confirmation that their terminal illness is indeed irreversible. The Supreme Court`s decision thus makes proof of the irreversibility of a patient`s condition an important process in legitimatizing a patient`s decision to terminate life-sustaining treatment. However, since medical practice rejects explanation in terms of essences and is affected by issues of subjectivity, some argue that physicians cannot give indisputable confirmation of the irreversibility of a patient`s terminal illness, as required by the Supreme Court`s ruling. Medical decision-making is influenced by a variety of factors, including cultural norms, regional practices, patient values, physician responsibilities, and patient autonomy, Whether or not a patient`s family members should also influence the medical decision-making process is a legitimate question. Advance directive refers to a description of the treatment method a patient wants to be provided with in case where the person is unconscious or lacks an ability to decision making in a future period or a declaration of intention that delegates and appoints another person who makes a decision regarding a treatment method on behalf of the person. Advance directive is usually a document form, but oral statement is acceptable as well. Advance directive may have a variety of forms though, it basically consists of two basic forms. That is, one is a living will, and the other is a surrogate decision making. Though the importance of advance directive has been emphasized, and the necessity of adopting the system has been strongly argued for so far, the debates on criteria, method, and procedure alike have not yet reached an agreement. It is because even the concept of advance directive is more or less ambiguous, and each specific method has its own theoretical limitations and practical constraints. Thus the inquiries on advance directive raised in the study are summarized as the meaning, practicability, and philosophical foundation of the advance directive. It is the so-called Shinchon Severance Hospital Case brought to an end by the decision of the Supreme Court that opened the real discourse of withholding or withdrawing of LST(Life-Sustaining Treatment) in the legal profession as well as medical profession in Korea. People has sympathy with the validity and necessity of legal regulation on withdrawing-including withholding-of LST save the requirements & procedure of withdrawing of LST. In this situation, the legislative bill of amendment to the Korean Civil Law introducing of adult guardianship was pre-announced by the Ministry of Justice on September 18th 2009. The adult guardianship is a guardianship system that supports an mentally handicapped adult to deal with his affairs by support of a guardian. The object of adult guardianship includes affairs of body or well-being as well as property of adult wards. In particular, affairs of medical matters are of importance in the duty and authority of adult guardians. So, the introduction of adult guardianship is of much importance de lege lata as well as de lege ferena in th discussion of withdrawing of LST as a medical treatment. Since the legislation on withdrawing of LST intents to protect the right of death with dignity on the basis of patients` autonomy, the ratio legis of withdrawing of LST is variant from that of adult guardianship. In this context, it seems reasonable to legislate the withdrawing of LST separately from the adult.
연관 검색어 추천
이 검색어로 많이 본 자료
활용도 높은 자료
