@article{ART002151689},
author={김명엽},
title={A Study on The Problems and its improvement for Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2013},
volume={1},
number={2},
pages={115-145}
TY - JOUR
AU - 김명엽
TI - A Study on The Problems and its improvement for Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes
JO - Legal Theory & Practice Review
PY - 2013
VL - 1
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 115
EP - 145
SN - 2288-1840
AB - Medical malpractice refers to professional negligence by a health care professional or provider in which treatment provided was substandard, and caused harm, injury or death to a patient.
As the number of civil cases due to malpractice continues to increase, alternative dispure resolution has attracted as a means of quickly reaching appropriate solutions to patient’s demands without resorting to lawsuits.
To solve the case of malpractice by medical care, Medical Disputes Mediation Act was enacred on April 7th 2011. It is very difficult to be compensated for damages through civil action or other existing resolution methods when medical disputes happens. The K-MEDI(Korea Medical Dispute Mediation and Arbitration Agency) shall endeavor to ensure the medical dispute mediation and arbitration proceedings are conducted in a prompt and fair. According to this law, absolute liability applies to compensation for damages during delivery without negligence of practitioners.
A subrogation payment system means that K-MEDI pays in advance after having a review of appraisal department for patients who did not compensation yet in place of health care provider when the patient claims a demand for payment.
I insist that the programs needs be conducted by a proper solution to change the conductor of the programs to avoid the unproductive controversy. The rapid and fair medical dispute resolution is of benefit in both patients and medical institutes and decreases social costs.
KW - ADR;Act on Remedy for Damage from Medical Accident and Medical Dispute Mediation;medical dispute mediation;Korea Medical Dispute Mediation and Arbitration Agency subrogation payment system.
DO -
UR -
ER -
김명엽. (2013). A Study on The Problems and its improvement for Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes. Legal Theory & Practice Review, 1(2), 115-145.
김명엽. 2013, "A Study on The Problems and its improvement for Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes", Legal Theory & Practice Review, vol.1, no.2 pp.115-145.
김명엽 "A Study on The Problems and its improvement for Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes" Legal Theory & Practice Review 1.2 pp.115-145 (2013) : 115.
김명엽. A Study on The Problems and its improvement for Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes. 2013; 1(2), 115-145.
김명엽. "A Study on The Problems and its improvement for Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes" Legal Theory & Practice Review 1, no.2 (2013) : 115-145.
김명엽. A Study on The Problems and its improvement for Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes. Legal Theory & Practice Review, 1(2), 115-145.
김명엽. A Study on The Problems and its improvement for Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes. Legal Theory & Practice Review. 2013; 1(2) 115-145.
김명엽. A Study on The Problems and its improvement for Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes. 2013; 1(2), 115-145.
김명엽. "A Study on The Problems and its improvement for Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes" Legal Theory & Practice Review 1, no.2 (2013) : 115-145.
