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.
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
참고문헌
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