Caregiver Neglects Elderly with 'Hypoglycemic Shock'... Supreme Court Rules "Negligent Homicide in the Course of Duty"
1st Trial "Did Best Efforts" Not Guilty → 2nd Trial "Breach of Duty of Care at Work" Guilty
[Asia Economy Reporter Heo Kyung-jun] Caregivers at a nursing hospital who neglected an elderly patient who collapsed due to hypoglycemia, leading to the patient's death, have been sentenced to fines.
The Supreme Court's 3rd Division (Presiding Justice Kim Jae-hyung) announced on the 18th that it upheld the lower court's ruling sentencing nursing home director Mr. A to a fine of 5 million won for professional negligence resulting in death. Two caregivers were each fined 5 million won and 3 million won, respectively.
The defendants were prosecuted on charges of failing to inform the guardian when the victim, who had difficulty with daily activities due to hypertension and diabetes, collapsed from hypoglycemia showing symptoms such as decreased consciousness and respiratory distress. Instead, they only gave the victim a small amount of coffee mix and did not continuously monitor whether the condition improved, nor did they take measures such as transferring the victim to a medical institution. The victim later died a month afterward from acute respiratory distress syndrome caused by pneumonia.
The trial focused on whether the caregivers neglected their professional duty to care for the victim's health and provide emergency measures.
The first trial court acquitted the caregivers, stating that they had sincerely taken what they believed to be the best measures within their capacity. However, the second trial court ruled that the defendants violated their professional duty to provide appropriate emergency treatment and to transfer the victim to a nearby medical institution in a timely manner, sentencing them to fines of 5 million won and 3 million won, respectively.
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The Supreme Court also agreed with the second trial court's judgment.
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