The Reality of medical accident Prosecutions

Despite perceptions of a litigious environment, official data reveals a surprisingly low number of medical professionals facing prosecution for medical accidents in south Korea. Recent government research indicates an average of just 34 cases per year over the past five years result in prosecution.This figure stands in stark contrast to the narrative often presented by medical organizations.

Government Study Unveils Prosecution Rates

The Korean Institute of Health and Social Affairs, commissioned by the government, conducted a ‘medical accident criminal judgment analysis’ through the Korea Criminal and Legal Policy Research Institute. The findings,shared wiht the Medical Reform Special committee,shed light on the actual number of prosecutions involving doctors,dentists,and oriental medicine practitioners charged with professional negligence.

The study revealed that, on average, 34 cases involving 192 defendants (170 of whom were doctors) were prosecuted annually. crucially, this figure excludes cases dismissed without a formal trial.Even factoring in these dismissed cases, the Ministry of Justice estimates the total number of medical accident prosecutions to be less than 50 per year.

Discrepancies in Data: Prosecution vs. Suspects

The Korean Medical Association (KMA) has previously cited significantly higher figures, claiming 754.8 prosecutions occurred annually between 2013 and 2018, based on a 2022 report. This figure was presented as being 800-900 times higher than that of the UK. However, this comparison has been challenged.

The government’s research highlights a critical distinction: the KMA’s initial figures represented the number of *suspects*, not actual prosecutions.Acknowledging this discrepancy, the KMA revised it’s estimate in a forum last October, suggesting approximately 323 prosecutions per year based on the average “permeability” of suspects. Even this revised figure is substantially higher than the government’s findings.

The initial figures represented the number of suspects, not actual prosecutions.

Specialty Areas and Prosecution Rates

The government’s research also identified trends in the medical specialties moast frequently involved in prosecutions. A significant proportion of prosecuted medical staff came from non-essential courses. Orthopedic surgeons and plastic surgeons each accounted for approximately 15% of the 190 defendants. Obstetrics and gynecology,emergency medicine,and pediatric adolescents each represented between 3% and 6% of the cases.

This data may reflect the higher volume of procedures performed in these specialties, potentially increasing the risk of complications and subsequent legal action. Further research is needed to understand the specific factors contributing to these trends.

Outcomes of Trials and the burden on Medical professionals

of the 172 trial rulings analyzed, 123 (71.5%) resulted in guilty verdicts, while 48 cases (27.9%) were acquitted, and one was dismissed. Fines were the most common form of punishment, accounting for over 30% of the sentences.

Though, the impact on medical professionals extends beyond formal legal proceedings. Even when complaints and accusations do not lead to prosecution, the investigation process itself can impose a significant burden.

If the medical staff is investigated, the medical treatment is cut off and the psychological pressure is very strong… the investigation was more intense and longer than other types of events.

Anonymous Medical Professional

This highlights the need for a balanced approach that ensures accountability while protecting medical professionals from undue stress and disruption to thier practice.

Looking Ahead

The government plans to release the finalized research report in May, incorporating any supplementary findings. This data will be crucial for informing policy decisions related to medical malpractice and patient safety.