Korean Journal of Medical Ethics
The Korean Society for Medical Ethics
Article

응급 환자 진료에서 설명 의무와 환자 사생활 보고 의무가 상충될 때의 대처*

배현아1, 이석배2, 장혜영3,*
Hyun-A Bae1, Seok-Bae LEE2, Hye-Young JANG3,*
1이화여자대학교 의과대학 응급의학교실
2경남대학교 법정대학 법학부
3순천향대학교병원 응급의학과
1Department of Emergency Medicine, College of Medicine, Ewha Womans University
2College of Law and Politics, Kyungnam University
3Department of Emergency Medicine, Soonchunhyang University Hospital
*교신저자 : 장혜영. 순천향대학교병원 응급의학과. 02-709-9790. emedhy@hosp.sch.ac.kr

ⓒ Copyright 2007 The Korean Society for Medical Ethics. This is an Open-Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/4.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Published Online: Jun 30, 2007

ABSTRACT

This article provides guidelines for obtaining informed consent in medical emergencies. Obtaining consent from patients in the emergency room can prevent appropriate and timely access to their evaluation and treatment. While mentally competent adults always have the right to consent, whether or not a minor has the right to consent depends up his or her mental capacity. As such, there is room for flexibility concerning the legal age for informed consent. After a judgment is made on the patient’s capacity for consent, the urgency of the situation should be considered. If medical treated is needed immediately, it should be provided, even if the patient is a minor. When there is enough time for getting consent, a physician should try to obtain consent from a patient or legal surrogate.

Keywords: 응급 상황; 설명에 근거한 동의 확보; 프라이버시; 자기 결정권; 미성년자
Keywords: Medical emergencies; Informed consent; Privacy; Individual autonomy; Minors