신생아 병원감염에 관한 의료과실의 판단과 무과실 보상에 관한 고찰

The Neonatal hospital acquired infection has various characteristics in terms of medical and social welfare. First, in terms of medical care, neonatal hospital acquired infection must be identified as one of the hospital acquired infection cases that correspond to hospital management. Unlike adults, ‘newborn’ has weak immunity and receives treatment in the specialty area of ‘pediatrics’. Secondly, in the social welfare period, in the age of low fertility such as Korea, the neonatal care is becoming a national problem as a part of the child health problem that enables the children born as well as the birth incentives to grow healthy. The peculiarity of the former is also manifested in judging whether there is medical malpractice or causality in neonatal hospital acquired infection. The latter is argued as to whether the system can be expanded and applied to hospital acquired infections caused by neonatal infections. In the case of a medical malpractice of medical staff related to neonatal hospital acquired infection, it is natural that the medical staff will be liable for the negligent consequences of the infant. However, if a neonatal hospital acquired infection is found to be free of medical malpractice, it is not in line with social awareness to ensure that the neonatal side is fully responsible for the consequences. Therefore, it is necessary to include neonatal hospital acquired infection of no fault liability as a target of the The Medical Accident Compensation System under The Act of Medical Malpractice Damage’s Relief and Mediation for Medical Dispute Resolution.