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송성숙 ( Song Sung-Sook ) - Research Institute of Nursing Right
김은주 ( Kim Eun-Joo ) - Gangneung-Wonju National University Department of Nursing
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Abstract
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Purpose: This study aims to present nurses’ legal conflicts and legal basis through the precedent analysis of a crime of
professional negligence resulting in death and injury for the past 20 years and provide vital references to cultivate the
correct and high-level legal consciousness of nurses.
Methods: This study was conducted in five stages of the systematic content analysis method. It amalyses the precedents of a crime of nurses’ professional negligence resulting in death and injury from 2000 to 2020. The application system for the provision of the written judgment was used to collect precedents. A total of 67 cases were analyzed in this study, and they were classified according to the type of nursing error, and the contents were systematically analyzed.
Results: A total of 52 cases (77.5%) of nursing errors were caused by independent nursing practices. They were classified as 38 cases (A1) in the violation of patient supervision obligations, 12 cases in the violation of progress observation obligations (A2), one case in the violation of medical equipment inspection obligations (A3), and one case in the violation of explanation and verification obligations. Among the non-independent nursing practices (code B), B1 was 10 cases related to administrative acts, one blood transfusion accident (B2), and one anesthesia accident (B3).
Conclusion: To prevent nurses from being involved in legal confits, the advocation of systematic training such as nurses' legal obligations and judgment grounds through case-based learning from the recent precedent analysis and promote nurses' legal perspective, and preventive activities are essential.
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KeyWords
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간호사, 업무상 과실치사상죄, 판례
Nurse, Negligence, Professional, Analysis
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원문 및 링크아웃 정보
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등재저널 정보
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