KMA Opposes Arrest of Doctor for Misdiagnosis in Anal Surgery Patient's Shock Death, Calling It "Excessive Judicial Action"

"Overwhelmed Medical Treatment in Yangsan... Concerns Over Healthcare System Collapse"

In relation to the incident in Incheon where a patient in their 70s died due to a misdiagnosis, the Korean Medical Association (KMA) has expressed strong opposition following the recent sentencing and courtroom detention of the doctor involved.

Korean Medical Association Ichon-dong Hall. [Photo by Korean Medical Association]

On the 26th, the KMA issued a statement saying, "Detaining a doctor after a first trial verdict when there is no risk of flight is an excessive judicial measure," and added, "The Korean Medical Association deeply regrets the court's unusual judgment."

Previously, Judge An Heegil of the Incheon District Court Criminal Division 4 sentenced surgeon A (41), who was indicted without detention on charges of professional negligence resulting in death, to 1 year and 6 months in prison on the 25th and ordered his immediate detention in court. A was charged with failing to properly diagnose patient B (then 78) at a general hospital in Incheon in June 2018, which led to B's death.

Patient B suffered bleeding every time they had a bowel movement due to a duodenal ulcer, but A misdiagnosed it as an acute anal fissure (fistula) and proceeded with fistula surgery. The day after the surgery, B collapsed from anemia and died 11 hours later from hypovolemic shock.

The KMA expressed "deep condolences to the deceased patient and their family" but pointed out that "the medical staff’s appeals that there was no negligence on the part of the doctor and no causal relationship between the medical treatment and the patient’s death were not accepted."

The KMA argues that imposing excessive criminal liability on medical staff could lead to defensive medicine. The association stated, "If rulings that impose criminal responsibility on medical staff or detain them continue in medical malpractice cases, it will lead to defensive medicine, adversely affecting public health," and criticized, "The court’s decision to detain the doctor before the verdict is finalized is a very unfair judgment that ignores the essence of medical care."

They also warned that continued rulings like this could lead to the collapse of the medical system. The KMA said, "Doctors are human and may not always make perfect diagnoses or be able to save patients’ lives due to unforeseen causes. This is the nature and essence of medical practice," adding, "Nevertheless, if rulings that disregard these characteristics of medical practice continue and harsh measures such as courtroom detention persist, the collapse of the medical system is a concern."

Furthermore, the KMA urged the enactment of a Medical Dispute Special Act to resolve medical disputes and guarantee a stable treatment environment. The association demanded, "We call for the immediate enactment of the Medical Dispute Special Act so that damages caused by medical disputes can be resolved swiftly and a stable treatment environment can be ensured, ultimately fostering a public health environment."

Finally, the KMA emphasized, "We strongly demand once again that the judiciary’s unusual decision to detain a doctor for professional negligence does not lead to a recurrence of a crisis that undermines the foundation of the medical system."

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