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The Effects of Criminal Punishment on Medical Practices in the Medical Environment

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  • Munjae Lee

    (Department of Medical Device Management and Research, SAIHST, Sungkyunkwan University, Seoul 06351, Korea)

Abstract

Recently, there have been cases in which doctors were criminally convicted for misdiagnosing a patient with constipation who then died of diaphragmatic hernia. The criminal punishment of doctors could create a side effect of reduced medical practitioners. This study analyzed the impact of medical disputes and deduced a plan to create a stable composition of the medical environment. An online survey was conducted with 79,022 doctors who are members of the Korea Medical Association. A total of 3109 responses were obtained, and the analysis used the questionnaire system of the Doctor’s News online survey system. The results demonstrated that doctors have become more psychologically inclined to prescribe overtreatments, avoidance treatments, and defensive treatments. Also, it was found that specialized agencies for medical appraisals were necessary. In order to resolve medical disputes objectively, it is necessary to improve credibility by securing the expertise of the Korea Medical Dispute Mediation and Arbitration Agency. In addition, there is a need for specialized agencies to undertake the medical appraisals and training of medical staff to build up their understanding of medical disputes. Thus, medical disputes can be minimized, and the fairness of medical dispute results can be strengthened.

Suggested Citation

  • Munjae Lee, 2019. "The Effects of Criminal Punishment on Medical Practices in the Medical Environment," IJERPH, MDPI, vol. 16(4), pages 1-9, February.
    • Handle: RePEc:gam:jijerp:v:16:y:2019:i:4:p:604-:d:207221
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    References listed on IDEAS

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    1. Danzon, Patricia M., 2000. "Liability for medical malpractice," Handbook of Health Economics, in: A. J. Culyer & J. P. Newhouse (ed.), Handbook of Health Economics, edition 1, volume 1, chapter 26, pages 1339-1404, Elsevier.
    2. Ellyson, Alice M. & Robertson, Justin C., 2019. "Can malpractice pressure compel a physician to relocate?," International Review of Law and Economics, Elsevier, vol. 57(C), pages 37-48.
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    Cited by:

    1. Andrea Tamburrano & Doriana Vallone & Cinzia Carrozza & Andrea Urbani & Maurizio Sanguinetti & Nicola Nicolotti & Andrea Cambieri & Patrizia Laurenti, 2020. "Evaluation and cost estimation of laboratory test overuse in 43 commonly ordered parameters through a Computerized Clinical Decision Support System (CCDSS) in a large university hospital," PLOS ONE, Public Library of Science, vol. 15(8), pages 1-11, August.

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