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Legal issues related to postoperative pulmonary thromboembolism in Korea

Title
Legal issues related to postoperative pulmonary thromboembolism in Korea
Authors
Park B.Y.Kim M.J.Kang S.R.Hong S.E.
Ewha Authors
강소라김민지박보영홍승은
SCOPUS Author ID
강소라scopus; 김민지scopus; 박보영scopus; 홍승은scopus
Issue Date
2016
Journal Title
Annals of Surgical Treatment and Research
ISSN
2288-6575JCR Link
Citation
vol. 91, no. 6, pp. 316 - 322
Keywords
JurisprudenceMalpracticePulmonary embolismSurgery
Publisher
Korean Surgical Society
Indexed
SCIE; SCOPUS; KCI WOS scopus
Abstract
Purpose: Currently, development of pulmonary thromboembolism (PTE) after surgery is frequently being followed by legal action in Korea, as consequences may be fatal. In the current study, we assessed possible countermeasures that medical teams can take when faced with conflicting opinions on responsibility for PTE. Methods: A retrospective analysis of claims handled by the Supreme Court and subordinate courts, from 1999 to 2015, was performed. We analyzed the type of procedure, associated complications, and critical legal points from the recorded judgments along with any liability limitations on surgeons. Results: After reviewing cases between 1999 and 2015, a total of 18 cases were analyzed. There were no cases in which the surgeon was held accountable between 1999 and 2002. From 2003, there were instances of the surgeon being held account able, with a peak of cases in 2013. Legal standards applied in judicial decision-making related to appropriate use of preventive measures, operation characteristics, doctor's reaction towards symptom occurrence, obligation of postoperative medical care, and duty of explanation. Conclusion: The courts in Korea have changed their position from one of denying doctors' liability to one of enforcing responsibility for PTE. Surgeons are therefore being held responsible with greater frequency, depending on the details of the case. Lessons can be learnt from precedents that can be incorporated into medical education and training programs with the aim of reducing both major PTE complication rates and litigation costs.
DOI
10.4174/astr.2016.91.6.316
Appears in Collections:
의과대학 > 의학과 > Journal papers
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