정신질환자의 자상(自傷).타해(他害)사고에 대한 의료과오책임

Negligence liability of hospitals for accident of the mental patient

In the present age, the medicine of every field progresses with rapid speed.Hereupon, the present medicine divides diversions with a specialization and collaboration on patient's medical care. Psychiatric medicine is closely related with law, moral and ethics, and conflicts interests among them. Thus, it is necessary to adjust interests and conflicts between psychiatrist and patient. Psychiatric malpractice is medical malpractice. Medical malpractice is tort, or civil wrong. Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury or death to the patient. Standards and regulations for medical malpractice vary by country and jurisdiction within countries. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on medical malpractice. In korea, Mental Health Act(MHA) is enacted in 1995 in order to promote mentally ill person's medical treatment and rehabilitation. Korea MHA enact various provisions for the benefit of mentally ill person. Among those, all the mentally ill persons are guaranteed human dignity and value by the law. Korea MHA promulgate voluntary admission and involuntary admission of psychiatric hospital. In advanced countries such as USA, Japan, voluntary admission is main stream form of hospitalization. But, in our country, large part of hospitalization is involuntary admission. On this point, correcting is required for the betterment of mentally ill person's human rights.