Hospital Director Sentenced to Prison Confirmed in the Case of Late Kwon Daehee's Death in Plastic Surgery Room
[Asia Economy Reporter Kim Daehyun] The plastic surgery clinic director who was prosecuted for neglecting the late Kwon Daehee, who was bleeding during plastic surgery and caused his death, has had his prison sentence confirmed by the Supreme Court.
On the morning of the 12th, the Supreme Court Division 2 (Presiding Justice Min Yusuk) upheld the original sentence of 3 years imprisonment and a fine of 10 million KRW against hospital director Jang (age 53), who was charged with professional negligence resulting in death and violation of the Medical Service Act. The doctor Shin, who was also prosecuted, received a confirmed sentence of 10 months imprisonment with a 2-year probation and a fine of 10 million KRW.
The court stated, "There is no error in the original court’s judgment that found the defendants guilty based on logic, the rules of experience, and relevant laws," and dismissed all their appeals.
Previously, Jang and others were prosecuted for causing the death of Kwon (then 25 years old) due to excessive bleeding by failing to properly monitor and take follow-up measures during a square jaw incision surgery in September 2016. They were also charged with violating the Medical Service Act by instructing a nursing assistant to stop the bleeding for about 30 minutes while Jang had to operate on another patient during the surgery.
The first trial court partially found them guilty, stating, "They missed the golden time for treatment by neglecting the patient for several hours while running a factory-style surgery line." Jang was sentenced to 3 years imprisonment and fined 5 million KRW, while Shin was fined 10 million KRW. Nursing assistant Jeon was given a suspended sentence with a fine of 3 million KRW.
In the second trial, additional charges including violation of the Medical Service Act against Jang were recognized, and Jang’s fine increased by 5 million KRW compared to the first trial. Unlike the first trial, Shin was found guilty of professional negligence resulting in death and was sentenced to imprisonment with probation and a fine. Jeon’s appeal was rejected.
The second trial court pointed out, "Shin violated his duty of care by not attempting to check the victim’s bleeding and leaving, which led to the victim’s death. Although pressure hemostasis is not a medical act that a nursing assistant can perform alone, Jeon pressed the victim’s wound for 30 minutes alone without specific guidance or supervision under the instructions of Jang and Shin."
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On this day, the Supreme Court also agreed with the second trial court’s judgment.
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