의료관련감염 소송 판례 분석 : 2011년부터 2016년까지의 소송 자료를 중심으로

Abstract

This study was conducted to identify the current status of litigation related to the healthcare-associated infection and the causes of accidents, and to suggest measures to prevent recurrence. Quantitative and qualitative analysis were performed on 94 medical litigation judgments related to healthcare-associated infections from 2011 to 2016. In the final analysis, the average duration of litigation was 4.12 years. As for the status of litigation, the most common case was the completion of the first trial (61 cases, 64.9%). As a result of the final judgment, there were 60 cases (63.8%) of partial wins, and the average amount of damages was 57,498,339 won. The most common negligence that resulted in damages was violation of the duty of care (55 cases, 58.5%), and in the analysis by type of the defendant medical institution, the most common was a clinic(52 cases, 55.3%). The judgment was classified into infection control system and infrastructure, and infection control activities before and after healthcare-associated infections occurred, and as a result of qualitative analysis, medical disputes by unlicensed persons and violation of the duty of care by medical personnel for infection control were found. In order to reduce litigation related to healthcare-associated infections, strengthening of infection control capabilities of healthcare providers, and strengthening of infection prevention and control systems and infrastructures of individual medical institutions should be prioritized. For this, it will be necessary to provide legal basis and support at the national level, and to establish an organic cooperative system with academic societies and functional groups.