"Accidentally Cut Skull but Given Probation? Court Ruling on Medical Malpractice Sparks Criticism"

Victims' Families Demand Strict Punishment for Doctor
"Suspended Sentence Is Unacceptable," Netizens Criticize

[Image source=Yonhap News]

[Asia Economy Reporter Han Seung-gon] The director of a famous plastic surgery clinic who accidentally cut a patient's skull during zygoma reduction surgery and left the patient unattended for over three hours, resulting in death, was sentenced to probation in the first trial. The bereaved family has petitioned for severe punishment. Citizens who heard the news also expressed that probation is unacceptable.

On the 16th, Judge Jang Du-bong of the Seoul Central District Court Criminal Division 9 sentenced A (38), the representative director of a plastic surgery clinic located in Gangnam, Seoul, who was tried on charges of professional negligence causing death, to one year in prison with a two-year probation.

The court stated, "Due to the defendant's professional negligence, a serious outcome leading to the victim's death occurred," and "The bereaved family is petitioning for severe punishment," but explained the sentencing by considering "the defendant paid the money owed to the victim's family in a civil lawsuit and deposited an additional amount."

◆ Surgery that led to patient's death... What happened that day?

Director A performed zygoma reduction surgery on victim B at around 5:30 p.m. on October 2, 2017. During the procedure, he is accused of forcibly manipulating a medical saw, cutting the skull and dura mater.

As a result of the accident that day, B, who had a fractured skull, lost consciousness due to excessive bleeding around 7 p.m. Director A is also accused of leaving B unattended for about 3 hours and 20 minutes after losing consciousness.

The zygoma reduction surgery performed by Director A that day is known as a highly difficult procedure involving detaching the anterior periosteum and separating both zygomatic bones in an L-shape with a medical saw, then repositioning them inside the bone.

Therefore, after surgery, the patient's vital signs such as pulse and respiration must be monitored. If the patient loses consciousness, necessary measures should be taken. The unattended B eventually died at 11:26 p.m. from cerebral edema, a postoperative complication.

◆ Bereaved family urges "severe punishment for the doctor" 法, money paid to family and deposit lead to 'probation'

The issue lies in the level of punishment. Even though the defendant paid the money owed to the victim's family and deposited an additional amount, probation is being criticized as a lenient punishment.

A mid-30s office worker A said, "It's hard to accept probation when someone lost their life due to a ridiculous accident."

Another office worker B in their late 20s said, "Before criticizing the court, I think the law itself is somewhat flawed," adding, "The bereaved family is urging severe punishment, which is really unfortunate."

Netizens also expressed disbelief. One netizen commented, "This is really something. A medical malpractice death case, and probation just because a settlement was paid. The sentencing standards of 'justice for the rich' are truly remarkable."

Another netizen said, "A medical malpractice death case, and probation because the defendant paid the amount owed in a civil lawsuit and made a deposit? I just can't understand it."

This content was produced with the assistance of AI translation services.