A Medicolegal Consideration on Discharge Against Mecical Advice in Korea.

Kim, Jang Han; Lee, Yoon Seong; Lee, Jung Bin

Original article

Korean Journal of Legal Medicine 1998;22(1):55-62.
Published online May 31, 1998.

A Medicolegal Consideration on Discharge Against Mecical Advice in Korea.

Jang Han Kim, Yoon Seong Lee, Jung Bin Lee

Department of Forensic Medicine, Seoul National University, College of Medicine, Korea.

Abstract

All along the medical procedures, the patient's right of self determination may conflict with the medical doctor's professional decisions. The discharge against medical advice (DAMA) is a kind of conflict which becomes a hot issue recently. We tried to summarize various epidemiologic studies to know how many DAMAs have been. And we consider the limits on DAMA. Patient's right to self-DAMA is to be esteemed within a limit of other interests, especially a life self-DAMA is to be esteemed within a limit of other interests, especially a life of fetus in pregnancy woman as the proxy-DAMA is to a life of patient. Through the balance of these interests, the legitimation of DAMA can be established. When patient or proxy violates the principles in DAMA, the method of punishment on doctor in question. Lastly, we inquire into the types of punishment on doctor, intentional type of crime, negligence type of crime, or not guilty. We concludes with the preference on the negligence type of crime.