A Smooth Solution to Medical Disputes between Patients and Doctors (Focusing on the Medical Dispute Mediation and Arbitration Act)

The Justice ◽  
2021 ◽  
Vol 182 (2) ◽  
pp. 437-481
Author(s):  
Youngho Park
Keyword(s):  
Smooth Solution ◽  
Medical Disputes ◽  
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 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.

scholarly journals The Influence Factors of Medical Disputes in Shanghai and Implications - From the Perspective of Doctor, Patient and Disease (Observational Study)

2021 ◽  
Author(s):  
Yu Liu ◽  
Fei Yu ◽  
Feng Zhao ◽  
Xingchen Yang ◽  
Guangyao Ji ◽  
...  
Keyword(s):  
Influence Factors ◽  
Diagnosis And Treatment ◽  
Technical Level ◽  
High Expectation ◽  
Class A ◽  
Medical Disputes ◽  
Classification Of Diseases ◽  
Level 3 ◽  
Medical Dispute

Abstract Objective Based on the cases collected in eight hospitals in Shanghai in recent three years, causes of medical disputes in Shanghai and influence factors of medical dispute levels were discussed, and targeted suggestions were put forward. Methods Multistage sampling were used to collect 561 cases of medical disputes occurred in two Class A Tertiary hospitals, two Class A Secondary hospitals and four community hospitals in Shanghai in recent three years. On the basis of questionnaire, the causes of medical disputes were analyzed by descriptive statistics and the factors affecting the level of medical dispute were analyzed by means of one-way ANOVA and Logistic regression analysis.Results Factors of doctor and patient are involved in the causes of medical disputes, with 87.1% disputes related to doctors and 13.9% related to patients. The doctor’s factors include lack of communication (28.82%), low technical level (16.91%), lack of sense of responsibility (8.86%), defective case records (6.92%), imperfect operation (6.44%), inadequate experience (6.44%), inadequate condition evaluation (5.8%), irregular management process (4.03%), violation of diagnosis and treatment regulation (4.03%), misdiagnosis and mistreatment (3.54%), belated diagnosis and treatment (2.58%), postoperative complications (2.42%), equipment problems (1.13%), missed diagnosis (0.81%), poor condition monitoring (0.48%), unreasonable charge (0.48%) and poor service attitude (0.32%). The patient's factors include misunderstanding of medical behavior (43.48%), high expectation of prognosis (25%), bad attitude (13.04%), inadequate medical knowledge (7.61%), disturbance (6.52%), poor compliance (3.62%) and mistrust (1.09%). Among all medical disputes, there are 406 cases of level-4 medical disputes (78%), 95 cases of level-3 medical disputes (18%), 19 cases of level-2 medical disputes (4%), and no level-1 medical dispute. Meanwhile, the classification of diseases, treatment effect, doctors' violation of diagnosis and treatment regulation, and low technical level are the reasons for the level differences in medical disputes.Conclusion Factors of doctor in medical disputes in Shanghai mainly include inadequate communication and low technical level while the patient’s factors mainly contain misunderstanding of medical behavior and high expectation of the prognosis. Level-3 and 4 medical disputes take up the major part in all medical disputes. The classification of diseases, treatment effect, doctors' violation of diagnosis and treatment regulation, and doctor’s deficient technical level are high-risk factors requiring critical attention in medical disputes.

scholarly journals The Influence Factors of Medical Disputes in Shanghai and Implications - From The Perspective of Doctor, Patient and Disease

2021 ◽  
Author(s):  
Yu Liu ◽  
Yonghai Bai ◽  
Pei Wang
Keyword(s):  
Treatment Effect ◽  
Influence Factors ◽  
Diagnosis And Treatment ◽  
Technical Level ◽  
High Expectation ◽  
Medical Disputes ◽  
Classification Of Diseases ◽  
Level 3 ◽  
Medical Dispute

Abstract Background Based on the cases collected in eight hospitals in Shanghai in recent three years, causes of medical disputes in Shanghai and influence factors of medical dispute levels were explored, and targeted suggestions were put forward. Methods Multistage sampling were used to collect 561 cases of medical disputes occurred in two Tertiary hospitals, two Secondary hospitals and four primary hospitals. The causes of medical disputes were analyzed by descriptive statistics and the factors affecting medical dispute were analyzed by means of one-way ANOVA and Logistic regression analysis. Results Factors of doctor and patient are involved in the causes of medical disputes, with 87.1% disputes related to doctors and 13.9% related to patients. The doctor’s factors include lack of communication (28.82%), low technical level (16.91%), lack of sense of responsibility (8.86%), defective case records (6.92%), imperfect operation (6.44%), inadequate experience (6.44%), inadequate condition evaluation (5.8%), irregular management process (4.03%), violation of diagnosis and treatment regulation (4.03%), misdiagnosis and mistreatment (3.54%), belated diagnosis and treatment (2.58%), postoperative complications (2.42%), equipment problems (1.13%), missed diagnosis (0.81%), poor condition monitoring (0.48%), unreasonable charge (0.48%) and poor service attitude (0.32%). The patient's factors include misunderstanding of medical behavior (43.48%), high expectation of prognosis (25%), bad attitude (13.04%), inadequate medical knowledge (7.61%), disturbance (6.52%), poor compliance (3.62%) and mistrust (1.09%). Among all medical disputes, there are 406 cases of level-4 medical disputes (78%), 95 cases of level-3 medical disputes (18%), 19 cases of level-2 medical disputes (4%), and no level-1 medical dispute. Meanwhile, the classification of diseases, treatment effect, doctors' violation of diagnosis and treatment regulation, and low technical level are the reasons for the level differences in medical disputes. Conclusions Factors of doctor in medical disputes in Shanghai mainly include inadequate communication and low technical level while the patient’s factors mainly contain misunderstanding of medical behavior and high expectation of the prognosis. Level-3 and 4 medical disputes take up the major part in all medical disputes. The classification of diseases, treatment effect, doctors' violation of diagnosis and treatment regulation, and doctor’s deficient technical level are high-risk factors requiring critical attention in medical disputes.

scholarly journals HOSPITAL SUPERVISORY BOARD ROLE IN MEDICAL DISPUTE SETTLEMENT IN HOSPITAL (ANALYSIS TOWARD MECHANISM AND NORMATIVE OBSTACLES)

2016 ◽  
Vol 15 (3) ◽  
Author(s):  
Nayla Alawiya ◽  
Aryuni Yuliantiningsih ◽  
Dessi Perdani Yuris Puspita Sari
Keyword(s):  
Government Regulation ◽  
Dispute Settlement ◽  
Supervisory Board ◽  
Central Hospital ◽  
Provincial Hospital ◽  
Medical Disputes ◽  
Medical Dispute ◽  
Board Of Supervisors ◽  
Hospital Board ◽  
Hospital Center

Health services are not always able to deliver the results expected by the patient or the patient's family. The gap often makes the dissatisfaction that arises medical disputes, including disputes in the hospital. Law No. 44 of 2009 on the Hospital Board of Supervisors ordered the establishment of the Hospital that one role is to resolve disputes hospital. But government regulation of the Hospital Board of Supervisors recently issued in August 2013, and setting the Hospitals Act does not mention the prior regulations promulgated which raises normative barriers. The method used is normative. Results of this study is that the Supervisory Board has the task Central Hospital preparing procedures for handling complaints and mediation, while receiving the complaint and make efforts to resolve the dispute by way of mediation is the Supervisory Board Provincial Hospital. Hospital Board of Supervisors province can not perform tasks because the procedures for complaints and mediation has not been established by the Board of Supervisors Hospital Center. Law No. 44 Year 2009 has a setting that is not in sync with Act No. 39 of 2009 and Law No. 29 of 2004.Keywords: Supervisory Board Hospitals, normative barriers, dispute resolution, hospitals 

scholarly journals PERLINDUNGAN HUKUM PROFESI DOKTER DALAM PENYELESAIAN SENGKETA MEDIS

2017 ◽  
Vol 4 (1) ◽  
pp. 24
Author(s):  
Setyo Trisnadi
Keyword(s):  
Medical Practice ◽  
House Of Representatives ◽  
Health Personnel ◽  
Legal Protection ◽  
Secondary Data ◽  
Medical Disputes ◽  
Medical Dispute ◽  
The Law ◽  
The Government ◽  
Article 50

This study aims to explore the analysis of the application of legal protection and its weaknesses in the settlement of medical disputes between physicians and patients today. Descriptively analytical and empirical juridical approaches, and using constructivism paradigm,it is hoped that the authors can describe various primary and secondary data to reconstruct the legal protection of the physician profession in the settlement of medical dispute between physicians and patients based on the value of justice. In the resolution of medical disputes between physicians and patients as set forth in Article 50 of Law No. 29 of 2004 on Medical Practice and Article 57 Law No. 36 Years of Health Personnel has not fully provided protection for doctors, because in practice the handling of alleged malpractice cases by the police investigator will certainly use the procedures or procedures in the KUHAP as a reference, this is because the Law does not regulate how to be in the event of suspicion that doctorsviolate articles In UUPK. The Government and House of Representatives are expected to make improvements to Law No. 29 of 2004 on Medical Practice, by making regulations on “procedural arrangements” ranging from inquiry, investigation, prosecution if necessary to verdict.

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