{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2026,8,19]],"date-time":"2026-08-19T03:39:17Z","timestamp":1787110757793,"version":"build-2736575974"},"reference-count":11,"publisher":"Georg Thieme Verlag KG","issue":"04","license":[{"start":{"date-parts":[[2022,4,20]],"date-time":"2022-04-20T00:00:00Z","timestamp":1650412800000},"content-version":"vor","delay-in-days":1754,"URL":"https:\/\/creativecommons.org\/licenses\/by-nc\/4.0\/"},{"start":{"date-parts":[[2017,7,15]],"date-time":"2017-07-15T00:00:00Z","timestamp":1500076800000},"content-version":"tdm","delay-in-days":14,"URL":"http:\/\/creativecommons.org\/licenses\/by-nc\/4.0\/"}],"funder":[{"DOI":"10.13039\/501100002630","name":"Ewha Womans University","doi-asserted-by":"publisher","id":[{"id":"10.13039\/501100002630","id-type":"DOI","asserted-by":"publisher"}]}],"content-domain":{"domain":["www.e-aps.org"],"crossmark-restriction":true},"short-container-title":["Arch Plast Surg"],"published-print":{"date-parts":[[2017,7]]},"abstract":"<jats:p>\n          Background  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.<\/jats:p><jats:p>\n          Methods  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.<\/jats:p><jats:p>\n          Results  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.<\/jats:p><jats:p>\n          Conclusions  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.<\/jats:p>","DOI":"10.5999\/aps.2017.44.4.283","type":"journal-article","created":{"date-parts":[[2017,7,19]],"date-time":"2017-07-19T23:53:33Z","timestamp":1500508413000},"page":"283-292","update-policy":"https:\/\/doi.org\/10.5999\/crossmark_policy","source":"Crossref","is-referenced-by-count":6,"title":["Analysis of the Legal Effect of Settlement Agreements Prepared in Medical Litigation Following Plastic Surgery in Korea"],"prefix":"10.1055","volume":"44","author":[{"ORCID":"https:\/\/orcid.org\/0000-0002-6629-369X","authenticated-orcid":false,"given":"Jung Woo","family":"Kwon","sequence":"additional","affiliation":[{"name":"Department of Plastic and Reconstructive Surgery, Ewha Womans University Mokdong Hospital, Seoul, Korea"}],"role":[{"vocabulary":"crossref","role":"author"}]},{"ORCID":"https:\/\/orcid.org\/0000-0003-4612-6672","authenticated-orcid":false,"given":"Bo Young","family":"Park","sequence":"additional","affiliation":[{"name":"Department of Plastic and Reconstructive Surgery, Ewha Womans University Mokdong Hospital, Seoul, Korea"}],"role":[{"vocabulary":"crossref","role":"author"}]},{"ORCID":"https:\/\/orcid.org\/0000-0002-7074-8773","authenticated-orcid":false,"given":"So Ra","family":"Kang","sequence":"additional","affiliation":[{"name":"Department of Plastic and Reconstructive Surgery, Ewha Womans University Mokdong Hospital, Seoul, Korea"}],"role":[{"vocabulary":"crossref","role":"author"}]},{"ORCID":"https:\/\/orcid.org\/0000-0002-2657-7428","authenticated-orcid":false,"given":"Seung Eun","family":"Hong","sequence":"additional","affiliation":[{"name":"Department of Plastic and Reconstructive Surgery, Ewha Womans University Mokdong Hospital, Seoul, Korea"}],"role":[{"vocabulary":"crossref","role":"author"}]}],"member":"194","published-online":{"date-parts":[[2022,4,20]]},"reference":[{"key":"ref2","first-page":"479","article-title":"Medical litigation in cosmetic plastic surgery","volume":"23","author":"A Mavroforou","year":"2004","journal-title":"Med Law"},{"key":"ref3","doi-asserted-by":"crossref","first-page":"339","DOI":"10.1007\/s11999-008-0636-2","article-title":"An introduction to medical malpractice in the United States","volume":"467","author":"BS Bal","year":"2009","journal-title":"Clin Orthop Relat Res"},{"key":"ref4","doi-asserted-by":"crossref","first-page":"294","DOI":"10.5392\/JKCA.2010.10.11.294","article-title":"Analysis of medical disputes precedent","volume":"10","author":"BH Im","year":"2010","journal-title":"J Korea Con Assoc"},{"key":"ref5","volume-title":"Growth of Medical accident in plastic surgery, malpractice lawsuit arise rapidly [Internet]","author":"JH Min","year":"2014"},{"key":"ref7"},{"key":"ref8","first-page":"63","article-title":"Establishment of effective medical dispute mediation system","volume":"07","author":"Korea Institute for Health and Social Affairs","year":"1997","journal-title":"Health Soc Affairs Forum"},{"key":"ref9","first-page":"71","article-title":"A study on alternative medical disput resolution: with a focus on medical dispute mediation of kca","volume":"13","author":"GR Kim","year":"2012","journal-title":"Korean Soc Law Med"},{"key":"ref10","first-page":"16","article-title":"Research paper on activating the medical accident damage relief and medical dispute mediation law","volume":"8","author":"SY Lee","year":"2012","journal-title":"Korea Ins Health Soc Aff"},{"key":"ref11","doi-asserted-by":"crossref","first-page":"764","DOI":"10.1007\/s00266-011-9684-1","article-title":"Analysis of medical litigation among patients with medical disputes in cosmetic surgery in Taiwan","volume":"35","author":"SY Lyu","year":"2011","journal-title":"Aesthetic Plast Surg"},{"key":"ref12","first-page":"98","article-title":"Analysis of types of remedy for damages from medical malpractice filed with Korea Consumer Agency: from the enforcement of the amended consumer protection act to the present","volume":"2","author":"SS Lee","year":"2004","journal-title":"Med Policy Forum"},{"key":"ref13","doi-asserted-by":"crossref","first-page":"122","DOI":"10.1007\/s00266-011-9768-y","article-title":"Mammaplasties and medicolegal issues: 50 cases of litigation in aesthetic surgery of the breast","volume":"36","author":"A Marchesi","year":"2012","journal-title":"Aesthetic Plast Surg"}],"container-title":["Archives of Plastic Surgery"],"original-title":[],"language":"en","link":[{"URL":"http:\/\/www.e-aps.org\/upload\/pdf\/aps-2017-44-4-283.pdf","content-type":"application\/pdf","content-version":"vor","intended-application":"text-mining"},{"URL":"http:\/\/www.e-aps.org\/journal\/view.php?doi=10.5999\/aps.2017.44.4.283","content-type":"unspecified","content-version":"vor","intended-application":"text-mining"},{"URL":"http:\/\/www.thieme-connect.de\/products\/ejournals\/pdf\/10.5999\/aps.2017.44.4.283.pdf","content-type":"unspecified","content-version":"vor","intended-application":"similarity-checking"}],"deposited":{"date-parts":[[2022,4,20]],"date-time":"2022-04-20T22:42:22Z","timestamp":1650494542000},"score":1,"resource":{"primary":{"URL":"http:\/\/www.thieme-connect.de\/DOI\/DOI?10.5999\/aps.2017.44.4.283"}},"subtitle":[],"short-title":[],"issued":{"date-parts":[[2017,7]]},"references-count":11,"journal-issue":{"issue":"04","published-online":{"date-parts":[[2022,4,20]]},"published-print":{"date-parts":[[2017,7]]}},"URL":"https:\/\/doi.org\/10.5999\/aps.2017.44.4.283","archive":["Portico","CLOCKSS"],"relation":{},"ISSN":["2234-6163","2234-6171"],"issn-type":[{"value":"2234-6163","type":"print"},{"value":"2234-6171","type":"electronic"}],"subject":[],"published":{"date-parts":[[2017,7]]},"assertion":[{"value":"2016-10-17","order":0,"name":"received","label":"Received","group":{"name":"publication_history","label":"Publication 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