의료분쟁의 합리적 해결을 위한 연구

The medical dispute has been social issue in our country. The medical dispute could be solved by the judgement of a court as other kinds of disputes. But a solution by the judgement of a court might cause the cost disadvantage to the patient. Besides, it has a bad effect on confidence between the patient and physician. So it needs the alternative dispute resolution(ADR) for a rational solution of the medical dispute. We have introduced various out of court dispute settlement mechanisms during the last 15 years, and to no vail, and recently proposed Medical Disputes Adjustment Act. This paper focuses on an effective approach to dealing with the medical dispute, and describes out of court medical malpractice litigation systems in Japan, Germany and US, for example, binding arbitration, screening panel and mediation in US. And it is important that why patients tend to sue medical providers and how lack of communicated information between physicians and patients. Allowing physicians to explain what happened and apologize or express regret and creating opportunity for the rebuilding of patient-physician relationships may lead to prevention of the medical litigation.