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Korean J Pediatr. 2005 Aug;48(8):813-819. Korean. Original Article.
Kwon SJ , Jang JY , Kim NS , Yum MK , Seol IJ , Jung KW .
Department of Pediatrics, College of Medicine, Hanyang University, Seoul, Korea.
Department of Law, College of Law, Hanyang University, Seoul, Korea.

PURPOSE: Medicolegal problems start when the patient asserts the mistake of doctor and doctor does not accept it. The purpose of this study is to assess the actual condition of medicolegal problems and to provide solutions of medicolegal problems in the pediatric field. METHODS: There is not official statistical data about medicolegal problems in our country. We gathered data of legal insurance program of Korean Medical Association (KMA) and court cases and other fragmentary data. RESULTS: Between 1981 and 1995, of total 2, 338 cases reported to legal problem insurance program of KMA, most common ones were 748 cases of obstetrics and gynecology. Pediatric case was ranked at the 5th, 74 cases (3.1%). According to analysis of 41 medicolegal cases' after 1990, maltreatment of patient had the highest incidence of 14 cases, injection and medication were related to 12 cases, misdiagnosis was 9 cases, patient management were related to 4 cases, and others were 2 cases. The trial result of the medicolegal cases was that 31 cases were compensated, and 8 cases were defeated, and 2 cases were still in the process. CONCLUSION: The aspect of medical legal problem has the tendency of radicalism and systematization. This brings an economic destitution in the patient and gives damage to a doctor. In order to reduce medicolegal problem, doctor should offer a duty of explanation and efforts to his best to satisfy patient and endeavor to make an intimate doctor-patient relationship.

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