Doctor Suspended for Accumulated Alcohol-Related Medical Reports... Court Provides Relief

[Asia Economy Reporter Seongpil Cho] A doctor who was suspended from practicing medicine due to a report of providing medical treatment while intoxicated, stemming from a conflict over surgery fees with a patient, filed an administrative lawsuit and won. The court ruled that the suspension was an abuse of discretion.

The Seoul Administrative Court, Administrative Division 6 (Presiding Judge Juyoung Lee), ruled in favor of orthopedic specialist Dr. A in a lawsuit against the Minister of Health and Welfare seeking to cancel the suspension. The court stated, "The disadvantage Dr. A would suffer is excessively large compared to the public interest intended to be achieved by the suspension."

Patient Who Did Not Pay Surgery Fees Reported... Suspension Imposed

Dr. A, who operated an orthopedic clinic in Songpa-gu, Seoul, was suspended from practicing medicine for one month by the Ministry of Health and Welfare in September 2017 for providing night-time treatment while intoxicated in the hospital emergency room.

The person who reported Dr. A to the police and filed a complaint with the health center was patient B, who had undergone two surgeries performed by Dr. A. At the time, B was in conflict with Dr. A, refusing to pay surgery fees, claiming to have suffered harm from incorrect surgery.

Dr. A was found to have a detectable blood alcohol concentration during a breathalyzer test conducted by police who responded to the report. The Ministry of Health and Welfare reviewed the police records and imposed the suspension, stating that Dr. A had engaged in "immoral medical conduct with a high degree of moral blameworthiness." Dr. A filed a lawsuit challenging this decision.

"I Did Not Drink" Defense... Court Ruled in His Favor

During the trial, Dr. A argued, "I did not drink alcohol before providing night-time treatment, nor was I intoxicated to a degree that would affect medical care." Regarding the detected blood alcohol concentration, he explained, "I drank with hospital staff the night before." He denied engaging in the "immoral medical conduct" defined by medical laws.

The court accepted Dr. A's argument, ruling, "It is insufficient to conclude that 'immoral medical conduct' occurred solely based on the detection of blood alcohol concentration." The court noted, "The complainant, patient B, was in conflict with Dr. A and apparently did not directly witness Dr. A drinking alcohol," and added, "Even if Dr. A had consumed alcohol, it is difficult to recognize that he was intoxicated to a degree that would interfere with medical treatment."

The court further explained, "The detected blood alcohol concentration in Dr. A was quite low (below 0.05%), and the patients treated at the time testified that they received proper care," concluding, "There is no evidence to recognize that Dr. A caused harm to patients by providing treatment while intoxicated during night-time care."

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