A Study on the Commencement Conditions of Medical Dispute Mediation Procedures

2018 ◽  
Vol 19 ◽  
pp. 93-126
Author(s):  
Hyoung-Suk Ko ◽  
Keyword(s):  
Medical Dispute ◽  
Dispute Mediation

scholarly journals Mediation as an Alternative for Settlement of Medical Disputes Between Doctors and Patients in Therapeutic Agreements

2021 ◽  
Vol 04 (06) ◽  
Author(s):  
Ariep Mulyadi ◽  
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Research Approach ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Litigation Process ◽  
Medical Dispute ◽  
Sharp Criticism ◽  
Dispute Mediation

The therapeutic transaction agreement is an agreement between a doctor and a patient which is a legal relationship. Therefore, it gives birth to rights and obligations between doctors and patients which have the potential to cause medical disputes between doctors and patients (malpractice). There are two ways to process medical dispute resolution, namely litigation (through court) and non-litigation (outside court). The litigation process is costly and time-consuming, and often results in one party being the winner and the other party being the loser. The protracted process in court causes a lot of sharp criticism of the judiciary when carrying out its functions, therefore it is necessary to improve the judicial system towards being effective and efficient, especially in medical disputes between doctors and patients. So the medical dispute mediation route between doctors and patients can be an alternative dispute resolution (ADR) that is more effective and efficient. The purpose of this study was to analyze the elements of a therapeutic agreement based on contract law in the Civil Code. And Analyzing mediation as an alternative to dispute resolution of therapeutic agreements for doctors and patients. To achieve this objective, research was conducted using normative juridical legal research methods. So this research approach uses the Statute Approach or research approach to legal products, by examining all laws and regulations related to what will be researched.

scholarly journals Dispute cases related to pain management in Korea: analysis of Korea Medical Dispute Mediation and Arbitration Agency data

2020 ◽  
Vol 15 (1) ◽  
pp. 96-102 ◽  
Author(s):  
Ju Hwan Lee ◽  
Jaekyeong Song ◽  
Youn-Hee Kuk ◽  
Jeong-Ryang Ha ◽  
Yeon-Dong Kim
Keyword(s):  
Pain Management ◽  
Medical Dispute ◽  
Dispute Mediation

scholarly journals The Effects of Criminal Punishment on Medical Practices in the Medical Environment

2019 ◽  
Vol 16 (4) ◽  
pp. 604 ◽  
Author(s):  
Munjae Lee
Keyword(s):  
Online Survey ◽  
Criminal Punishment ◽  
Medical Practitioners ◽  
Medical Environment ◽  
Medical Disputes ◽  
Survey System ◽  
Medical Dispute ◽  
The Impact ◽  
Dispute Mediation ◽  
And Training

Recently, there have been cases in which doctors were criminally convicted for misdiagnosing a patient with constipation who then died of diaphragmatic hernia. The criminal punishment of doctors could create a side effect of reduced medical practitioners. This study analyzed the impact of medical disputes and deduced a plan to create a stable composition of the medical environment. An online survey was conducted with 79,022 doctors who are members of the Korea Medical Association. A total of 3109 responses were obtained, and the analysis used the questionnaire system of the Doctor’s News online survey system. The results demonstrated that doctors have become more psychologically inclined to prescribe overtreatments, avoidance treatments, and defensive treatments. Also, it was found that specialized agencies for medical appraisals were necessary. In order to resolve medical disputes objectively, it is necessary to improve credibility by securing the expertise of the Korea Medical Dispute Mediation and Arbitration Agency. In addition, there is a need for specialized agencies to undertake the medical appraisals and training of medical staff to build up their understanding of medical disputes. Thus, medical disputes can be minimized, and the fairness of medical dispute results can be strengthened.

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