Doctor Ordered Nurse to Write Death Certificate, Guilty Confirmed

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that the diagnosis of death is a 'medical act' that must be performed directly by a doctor and cannot be substituted by a nurse.

On the 29th, the Supreme Court's 3rd Division (Presiding Justice Noh Jeonghee) upheld the lower court's guilty verdict in the final appeal of Doctor A and Nurse B, among others, from a hospice medical institution who were charged with violating the Medical Service Act.

The court stated, "The diagnosis of death is a medical act that must be performed by a doctor or similar medical professional who is present at the scene at the time of or after the patient's death and directly faces the patient," adding, "Even under individual guidance and supervision by a doctor, a nurse cannot perform this act." Furthermore, the court pointed out, "A nurse confirming signs of death and preparing and issuing a death certificate without a doctor's presence constitutes a series of acts that make up a postmortem examination, which is unlicensed medical practice."

Previously, Doctor A was prosecuted on charges of instructing nurses such as Nurse B to confirm death when patients died during outpatient care or while he was absent from work, and to prepare and issue death certificates under his name. Nurse B and others were also charged with unlicensed medical practice.

Article 27, Paragraph 1 of the current Medical Service Act stipulates that "No one other than a medical professional may perform medical acts, and even medical professionals may not perform medical acts beyond their licensed scope." The key issue during the trial was whether nurses diagnosing death could be considered "unlicensed medical practice."

The first trial court acquitted them. Considering the nature of hospice medical institutions where terminal cancer patients spend their last few weeks of life, the court judged that doctors clearly knew the condition of all patients whose death was expected and could prepare the cause of death in advance. It also took into account that the staff affiliated with the non-profit medical institution performed medical acts as a form of volunteer service.

However, the second trial court ruled guilty, stating, "It was not realistically impossible for the doctor to examine the patient and issue the examination report following proper procedures." Nevertheless, the court showed leniency by suspending sentences of a 1 million KRW fine for Doctor A and 300,000 KRW fines for the nurses.

The Supreme Court also agreed that this judgment was correct.

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