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Medical Litigation and the Care of Newborns

Authors
 Dong Yup Lee  ;  Jung Hee Byun  ;  Kook In Park  ;  So Yoon Kim  ;  Mi Jin Lee 
Citation
 Neonatal Medicine, Vol.22(1) : 1-7, 2015 
Journal Title
 Neonatal Medicine 
ISSN
 2287-9412 
Issue Date
2015
Keywords
Medical litigation ; Medical disputes ; Medical malpractice ; Care of newborns ; Patient safety
Abstract
Purpose : Recently, legal disputes resulting from medical accidents have been increasing annually. The purpose of this study is to determine the causes and characteristics of medical disputes brought as a result of neonatal accidents and to suggest measures to reduce the number of medical malpractice suits. Methods : Twenty-eight medical malpractice lawsuits brought as a result of neonatal accidents between 2005 and 2009 were analyzed. Results : The average time taken to resolve these lawsuits was approximately 4.4 years. The average gestational age and birth weight of the newborns in these cases were 35.3±4.2 weeks and 2,668±931 g, respectively. Twelve cases (42.9%) were concluded partially in favor of the plaintiffs, while in 10 (35.7%) cases the plaintiffs lost. In 11 of the 12 cases that were concluded partially in favor of the plaintiffs, the defendants were found guilty of violating their duty of care. Medical accidents resulted in death in 10 cases and physical disability in 18 cases, and cerebral palsy and blindness were the most common physical disabilities. The average compensation amount ordered as damages was KRW 161,389,291±12,636,454. Conclusion : In medical litigation, the standard of judgment is whether appropriate medical practices were performed based on the patient's symptoms. Thus, to comply with the medical treatment rules is paramount in securing patients' safety and protecting doctors themselves. Individual effort is necessary, but not sufficient to prevent medical accidents; multilateral, systemic reform is also required if the number of neonatal medical accidents is to be reduced.
Files in This Item:
T201505124.pdf Download
DOI
10.5385/nm.2015.22.1.1
Appears in Collections:
1. College of Medicine (의과대학) > Dept. of Medical Law and Bioethics (의료법윤리학과) > 1. Journal Papers
1. College of Medicine (의과대학) > Dept. of Pediatrics (소아청소년과학교실) > 1. Journal Papers
Yonsei Authors
Kim, So Yoon(김소윤) ORCID logo https://orcid.org/0000-0001-7015-357X
Park, Kook In(박국인) ORCID logo https://orcid.org/0000-0001-8499-9293
Byun, Jung Hee(변정희)
URI
https://ir.ymlib.yonsei.ac.kr/handle/22282913/157037
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