Your browser does not support the NLM PubReader view.

Go to this page to see a list of supporting browsers.

Study about the Status and Prevention of Oriental Medical Disputes

Article information

J Korean Med. 2014;35(1):58-67
Publication date (electronic) : 2014 March 30
doi : https://doi.org/10.13048/jkm.14006
Eun-sol Lee, Ji-yun Oh, Hyun-seok Cho, Kyung-ho Kim, Seung-deok Lee, Kap-sung Kim, Eun-jung Kim
Department of Acupuncture & Moxibustion, College of Oriental Medicine, Dongguk University
Correspondence to: 김은정(Eun-jung Kim) 경기도 성남시 분당구 수내3동 87-2 동국대 분당한방병원 침구의학과, Tel: +82-31-710-3751, Fax: +82-31-710-3780, E-mail: hanijjung@naver.com
Received 2013 December 13; Revised 2014 March 06; Accepted 2014 March 18.

Abstract

Objectives

The purpose of this study was to analyze the current status of legal disputes in the Oriental medical clinics and hospitals in South Korea, and to suggest their possible solutions.

Methods:

Legal dispute cases advised by the Association of Korean Medicine from January 2005 to April 2012 were collected and analyzed.

Results:

196 Oriental medical dispute cases were analyzed for the study. Problems in musculoskeletal system and connective tissues (37 cases) were the most common cause of Oriental medical disputes. As per treatment methods related to the dispute, acupuncture (66 cases) and herbal medicine (63 cases) were indicated as the two most common causes. The most common initial problems the patients had at the beginning of their treatment were musculoskeletal system and connective tissues problems (87 cases). Out of 196 dispute cases, only 49 were found to be the fault of Oriental medical doctors.

Conclusions:

This study can be used as a basis to prevent possible Oriental medical disputes. Subsequent studies should be based on a more comprehensive and extensive range of data.

Keywords: Oriental medical dispute; status of Oriental medical dispute; prevention of Oriental medical dispute
Fig. 1

Annual status of oriental medical disputes.

Fig. 2

Status of oriental medical disputes according to treatment method.

Occurrences According to Types of Oriental Medical Disputes

Occurrences of Oriental Medical Disputes According to Types of Patient’s Original Diseases

Differences in Incidence of Oriental Medical Disputes According to the Original Diseases C(E)

Differences in Incidence of Oriental Medical Disputes According to the Treatment methods C(E)

Opinions of Association of Korean Medicine about Oriental Medical Disputes

References

1. Yonsei University. The Asian Institute for Bioethics and Health Law. The Study on the Establishment of the Korea Medical Dispute Arbitration and Mediation Agency. 2011:9.
2. Yoon JA, Kang JK, Ahn HJ, Choi JH, Kim CY. A Study on Types and Counterplans of Medical Accident Experienced by Dentists in Seoul(2004). Korean journal of oral medicine 2005;30(2):163–89.
3. Kim JY. Medical dispute and law Seoul: Yulgokbook publishing; 2006. p. 38.
4. Jeong MY. Research on the Rational Solution for Oriental Medical Conflicts - Focusing on the relieving role of KCA in oriental medical disputes -. Korean Journal of Medicine and Law 2008;9(2):383422.
5. Lee HW, Kim H. Medical dispute and the proper guideline for medical practice in korean medicine. Korean J. Oriental Physiology & Pathology 2006;20(6):1749–62.
6. Jeong HS. Countermeasures to prevent and deal with medical disputes. Journal of the Korean Hospital Association 2007;36(4):77–95.
7. LIG Insurance Co., Ltd. White paper to see the oriental medical dispute cases Sejong Claims Adjusting & Surveying Co., Ltd; 2012.
8. Lee YC, Park HN, Im JD. Medical dispute resolution theory Seoul: Bomungak; 2007. p. 201–13.
9. Landsberg R, DeRowe A, Katzir A, Shtabsky A, Fliss DM, Gil Z. Laser-induced hyperthermia for treatment of granulation tissue growth in rats. OtolaryngologyHead and Neck Surgery 2009;140:480–6.
10. Korean acupuncture &moxibustion medicine society, textbook compilation committee. The acupuncture and moxibustion medicine Paju: Jipmoondang; 2012. p. 330.

Article information Continued

Copyright © 2014 The Society of Korean Medicine all rights reserved

Fig. 1

Fig. 1

Annual status of oriental medical disputes.

Fig. 2

Fig. 2

Status of oriental medical disputes according to treatment method.

Table 1

Occurrences According to Types of Oriental Medical Disputes

Types of oriental medical dispute Number of cases
Diseases of the musculoskeletal system and connective tissue 37
Diseases of liver 22
Diseases of the circulatory system 20
Diseases of the skin and subcutaneous tissue 18
Diseases of the nervous system 16
Symptoms, signs and abnormal clinical and laboratory findings, not elsewhere classified 15
Burns and corrosions 13
Diseases of oesophagus, stomach and duodenum, Other diseases of intestines 11
Diseases of the respiratory system 10
Etc. 10
Diseases of the genitourinary system 8
Emotional discomfort 5
Dispute about misdiagnosis 5
Pregnancy, childbirth and the puerperium 2
Mental and behavioral disorders 2
Diseases of the eye and adnexa, Diseases of the ear and mastoid process 2
Total 196

Table 2

Occurrences of Oriental Medical Disputes According to Types of Patient’s Original Diseases

Types of patient’s original diseases Number of cases
Diseases of the musculoskeletal system and connective tissue 87
Etc. 22
Symptoms, signs and abnormal clinical and laboratory findings, not elsewhere classified 16
Diseases of oesophagus, stomach and duodenum, Other diseases of intestines 12
Endocrine, nutritional and metabolic diseases 11
Diseases of the circulatory system 10
Diseases of the skin and subcutaneous tissue 9
Diseases of the nervous system 7
Diseases of the respiratory system 7
Diseases of the genitourinary system 5
Pregnancy, childbirth and the puerperium 3
Diseases of the eye and adnexa, Diseases of the ear and mastoid process 3
Diseases of liver 2
Mental and behavioral disorders 2
Total 196

Table 3

Differences in Incidence of Oriental Medical Disputes According to the Original Diseases C(E)

Item Sort 1 Sort 2 Sort 3 p-value (Fisher’s exact)
Diseases of liver Not occurred 45(47.9) 83(77.2) 46(48.8) 0.027
Occurred 9(6.1) 4(9.8) 9(6.2)
Diseases of oesophagus, stomach and duodenum, Other diseases of intestines Not occurred 50(51.0) 86(82.1) 49(51.9) 0.022
Occurred 4(3.0) 1(4.9) 6(3.1)
Diseases of the genitourinary system Not occurred 49(51.8) 86(83.4) 53(52.8) 0.057
Occurred 5(2.2) 1(3.6) 2(2.2)
Diseases of the musculoskeletal system and connective tissue Not occurred 51(44.1) 58(71.0) 51(44.9) 0.000
Occurred 3(9.9) 29(16.0) 4(10.1)
Diseases of the nervous system Not occurred 51(49.6) 75(79.9) 54(50.5) 0.028
Occurred 3(4.4) 12(7.1) 1(4.5)

Sort 1: Diseases of oesophagus, stomach and duodenum, Other diseases of intestines, Diseases of the circulatory system, Diseases of the respiratory system, Diseases of the genitourinary system, Diseases of liver, Diseases of the nervous system, Endocrine, nutritional and metabolic diseases.

Sort 2: Diseases of the musculoskeletal system and connective tissue.

Sort 3: Symptoms, signs and abnormal clinical and laboratory findings, net elsewhere classified, Diseases of the skin and subcutaneous tissue, Pregnancy, childbirth and the puerperium, Diseases of the eye and adnexa, Diseases of the ear and mastoid process, Mental and behavioral disorders, Etc.Fisher’s exact <0.05: significant, C: count, E: expected.

Table 4

Differences in Incidence of Oriental Medical Disputes According to the Treatment methods C(E)

Item Sort 1 Sort 2 Sort 3 p-value (Fisher’s exact)
Diseases of liver Not occurred 88(77.5) 41(55.5) 33(29.1) 0.000
Occurred 0(10.5) 22(7.5) 0(3.9)
Diseases of oesophagus, stomach and duodenum, Other diseases of intestines Not occurred 85(82.7) 55(59.2) 33(31.0) 0.017
Occurred 3(5.3) 8(3.8) 0(2.0)
Diseases of the genitourinary system Not occurred 86(84.2) 57(60.3) 33(31.6) 0.054
Occurred 2(3.8) 6(2.7) 0(1.4)
Diseases of the musculoskeletal system and connective tissue Not occurred 66(70.8) 62(50.7) 20(26.5) 0.000
Occurred 22(17.2) 1(12.3) 13(6.5)
Diseases of the nervous system Not occurred 74(80.3) 62(57.5) 32(30.1) 0.004
Occurred 14(7.7) 1(5.5) 1(2.9)
Burns and corrosions Not occurred 82(81.8) 63(58.5) 26(30.7) 0.001
Occurred 6(6.2) 0(4.5) 7(2.3)
Emotional discomfort Not occurred 88(85.6) 62(61.3) 29(32.1) 0.002
Occurred 0(2.4) 1(1.7) 4(0.9)

Sort 1: Acupuncture, Moxibustion, Cupping, Pricking and bloodletting, Pharmaco-acupuncture.

Sort 2: Herbal medicine.

Sort 3: Etc. treatment(Oriental physical therapy, chuna, medical equipment etc.).

Fisher’s exact <0.05 : significant, C : count, E : expected.

Table 5

Opinions of Association of Korean Medicine about Oriental Medical Disputes

Association of Korean Medicine’s opinion about oriental medical doctor’s error Number of cases
Each classification Total
Low possibility of oriental medical doctor’s error 108 196
Oriental medical doctor’s error 16
Partially responsible for errors 30
Moral responsibility 3
Can not determine by the data submitted alone 26
Requests to confirm the fact only about the dispute 12
Not answered yet 1