내과영역의 의료과오에 관한 판례 분석: 서울민사합의부 판례중심으로

Abstract

The study is to analyze that based on the ruling of civil affairs out of decisions of medical lawsuits made by Seoul District Court, what kinds of medical malpractice in Internal medicine has and what factors affect to decide on the winning a lawsuit. Precedents of Internal medicine are on the up and up every year compared to overall lawsuits of all medical fields, and the ones except for the Internal medicine showed up in the order of Obstetrics-Gynecologies, Orthopedic surgery and General surgery. The results of medical lawsuits show that winning and losing shows 50% each, and 90% out of all lawsuits made by patients themselves are partial winning but not the entire winning. The standards of classification are items of 8 categories of subjects of acts, principle applied, objects of acts, acts done by medical people. The contents of 8 categories are examination & test, diagnosis & prescription, treatment & operation, fundamental care for patients, management of medical people, explanation given to patients, and other medical practices. In the results above mostly shows management of patients like many other studies, and next shows corresponding range of fundamental management of patients as the items of examination & test, treatment & operation. Also as each department, Internal medicine has out of the entire cases, which is the highest and 9 cases for all departments respectively. On success or failure of winning for patients, In the case of an attorney, if a doctor has hired more than two attorneys, the winning rate of patients is higher that the one with one attorney. In the case of a medical accident, a transferred patient or a patient who has been transferred to a different hospital has a higher winning rate of patients than the one not transferred. In the department of accidents, if it is an Internal medicine, a patient who not received co-treatment has a higher winning rate of patients than the one who has received it. Furthermore, his intention is in trying to analyze the factors included the process of medical treatment that affect the medical lawsuits.