2013년 주요 의료 판결 분석

다국어 초록 (Multilingual Abstract)

The court handed down meaningful rulings related to medical sectors in 2013. This paper presents the ruling that the care workers could be the performance assistants of the care-giving service although the duties of care worker are not included in the liability stipulated in the medical contract signed with the hospital for reason of clear distinction of duties between care workers and nurses within the hospital in connection with the contract which was entered into between the hospital and patients. In relation to negligence and causal relationship, the court recognized medical negligence associated with the failure to detect the brain tumor due to the negligent interpretation of MRI findings while rejecting the causal relationship with consequential cerebral hemorrhage. The court also recognized negligence based on the observation on the grounds of inadequate medical records in a case involving the hypoxic brain damage caused during the cosmetic surgery. In terms of the scope of compensation for damages, this paper presents the ruling that the compensation should be estimated based on causal relationship only in case the breach of the 'obligation of explanation' is recognized, however rejecting the reparation for de factor property damages in the form of compensation, and the ruling that the lawsuit could be instituted in case that the damages exceeded the agreed scope despite the agreement that the hospital would not be held responsible for any aftereffects of surgery from the standpoint of lawsuit, along with the ruling that recognized the daily net income by reflecting the unique circumstances faced by individual students of Korean National Police University and artists of Western painting. Many rulings were handed down with respect to medical certificate, prescription, etc., in 2013. This paper introduced the ruling which mentioned the scope of medical certificate, the ruling that related to whether the diagnosis over the phone at the issuance of prescription could constitute the direct diagnosis of patient, along with the ruling that required the medical certificate to be generated in the name of doctor who diagnosed the patients, and the ruling which proclaimed that it would constitute the breach of Medical Act if the prescription was issued to the patients who were not diagnosed. Moreover, this paper also introduced the ruling that related to whether the National Health Insurance Service could make claim to the hospitals for the reimbursement of the health insurance money paid to pharmacies based on the prescription in the event that the hospitals provided prescription of drugs to outpatients in violation of the laws and regulations.

목차 (Table of Contents)

• I. 들어가며
• II. 간병인의 과실과 의료기관의 책임 - 간병인이 있는 병실에서 환자가 낙상하여 부상한 사건
• III. 과실과 인과관계 분리 판단
• IV. 의무기록 불성실 기재로 과실 추정
• V. 설명의무 위반의 손해배상 범위
• VI. 손해배상의 범위
• VII. 진단서 등 기재에 관한 제 문제
• VIII. 원외처방 약제비
• IX. 면허종별 무면허의료행위 해당 여부
• X. 마치며
• 참고문헌
• ABSTRACT

참고문헌 (Reference)

1 선정원, "의료직업의 규제 - 의사와 한의사의 직역한계"

2 김나경, "의료의 철학과 법정책: 양방-한방의료의 경계설정과 무면허 의료행위의 규율" 한국법철학회 13 (13): 157-186, 2010

3 한국소비자원, "병원의 안전관리 관련 의료분쟁 실태조사" 2006

4 이경열, "검사의 기소유예처분에 대한 헌법소원 인용결정의 비판적 검토" 법학연구소 14 (14): 141-170, 2013

5 유현정, "2011년 주요 의료 판결 분석" 대한의료법학회 13 (13): 199-247, 2012

6 이정선, "2010년 주요 의료 판결 분석" 대한의료법학회 12 (12): 177-225, 2011