Original Medical Records Not Retained After Correction... Hospital Director Fined for Violating 'Yegangi Act'

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[Asia Economy Reporter Kim Daehyun] The hospital director who was prosecuted for failing to keep the original of the revised medical records was found guilty in the first trial.

According to the court on the 7th, Judge Shim Hyun-geun of the Seoul Central District Court Criminal Division 11 recently sentenced hospital director A (54) to a fine of 3 million won for violating the Medical Service Act.

Judge Shim stated, "The reason for requiring the preservation of the original medical records is that whether or not they have been revised can be a crucial issue in medical disputes, and it is to examine the process of changes in medical treatment," adding, "The defendant, as the founder of the medical institution, neglected this duty, making punishment inevitable."

However, he also said, "The defendant is not an expert in electronic medical record systems, so it would have been difficult to know whether the program preserves the revised versions of the medical records." When A first introduced the program he originally used in 2013, it was before the related law was amended, so there was a limit to understanding the program's capabilities.

Earlier, while operating a hospital in Gwanak-gu, Seoul, A was accused of failing to preserve the original after doctor B (46, male), affiliated with the hospital, revised the emergency record for patient C (44, male) six times around noon on July 16, 2019, deleted it, and rewrote it.

C underwent knee fracture surgery by B, but after a revision surgery due to misaligned fixed bones, he complained of pain and was found to have died.

Article 22, Paragraph 2 of the current Medical Service Act stipulates that "the founder of a medical institution must preserve the original before revision when the medical records are additionally written or revised." This provision was enacted following the "Yegangi Act" (automatic initiation system for medical dispute mediation), named after Jeon Yegang, a child who died after visiting a local clinic for continuous nosebleeds and then the emergency room of a university hospital, and is called the "Second Yegangi Act."

B was also prosecuted along with A for failing to properly record the surgical method, site, condition, and treatment progress for C. However, Judge Shim acquitted B, stating, "Considering the evidence, it is difficult to recognize that the medical records were negligently prepared beyond the doctor's discretion."

Meanwhile, A appealed the first trial verdict.

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