Kwon Jung Woo, Park Bo Young, Kang So Ra, Hong Seung Eun
Department of Plastic and Reconstructive Surgery, Ewha Womans University Mokdong Hospital, Seoul, Korea.
Arch Plast Surg. 2017 Jul;44(4):283-292. doi: 10.5999/aps.2017.44.4.283. Epub 2017 Jul 15.
Settlements between doctors and patients provide a solution to complicated disputes. However, some disputes may be renewed as a result of negligence by both parties. The purpose of this study was to review the legal issues that may potentially arise during the preparation of settlement agreements and to propose a list of requirements for ensuring the effectiveness of these settlement agreements.
Data from 287 civil cases concerning aesthetic surgery that took place between 2000 and 2015 were collected from a court database in South Korea. Factors that influenced the effectiveness of settlement agreements were analyzed.
Among the 287 court precedents, there were 68 cases of covenant not to sue. Eighteen cases were dismissed because the settlement agreements were recognized as effective, and 50 cases were sent forward for judgment on their merits because the agreements were not recognized as effective. The types of surgery and types of complications were classified by frequency. We evaluated the geographical distribution of the precedents, the settlement timing, and the effectiveness and economic impact of the settlements. We found that there was no statistically significant relationship among these factors. Four major factors that made a settlement agreement legally effective were identified, and the data showed that fee-free reoperations were not considered by the court in determining the compensation amount.
When preparing a settlement agreement, it is advisable to review the contents of the agreement rather than to take the preparation of a settlement agreement per se to be legally meaningful.
医患和解为复杂纠纷提供了解决方案。然而，由于双方的疏忽，一些纠纷可能会再次出现。本研究的目的是回顾和解协议准备过程中可能出现的法律问题，并提出确保这些和解协议有效性的一系列要求。
从韩国的一个法院数据库中收集了2000年至2015年间发生的287起关于美容手术的民事案件的数据。分析了影响和解协议有效性的因素。
在287个法院判例中，有68起不起诉契约案件。18起案件因和解协议被认定有效而被驳回，50起案件因协议未被认定有效而被发回进行实质审判。按频率对手术类型和并发症类型进行了分类。我们评估了判例的地理分布、和解时间以及和解的有效性和经济影响。我们发现这些因素之间没有统计学上的显著关系。确定了使和解协议具有法律效力的四个主要因素，数据表明法院在确定赔偿金额时不考虑免费再次手术。
在准备和解协议时，建议审查协议内容，而不是认为和解协议本身具有法律意义。
