"Some Korean Medicine Doctors Acquitted or Given Reduced Sentences in Shock Death Case After Administering Acupuncture Despite 'Patches Being More Dangerous'"
Shock Death After Receiving Bongchim at Korean Medicine Clinic for Back Pain
Despite Risks of Patches, Bongchim Actively Recommended
An oriental medicine doctor who was accused of causing the death of a patient from shock after recommending bee venom acupuncture instead of a pain relief patch for lower back pain was partially acquitted in the appellate court, resulting in a reduced sentence.
On the 14th, the 3rd Criminal Appeals Division of the Incheon District Court (Chief Judge Won Yong-il) overturned the original sentence of 10 months imprisonment with a 2-year probation for oriental medicine doctor A (49), who was charged with involuntary manslaughter, and instead sentenced him to 8 months imprisonment with a 2-year probation.
30s Woman Suffers Anaphylactic Shock After Bee Venom Acupuncture
In May 15, 2018, at an oriental medicine clinic in Bucheon, Gyeonggi Province, A performed bee venom acupuncture using bee venom on patient B (36 years old at time of death), who complained of lower back pain. However, B fell into a brain-dead state due to anaphylactic shock, a severe allergic reaction, and died about 20 days later. Anaphylactic shock, also known as hypersensitive shock, causes breathing difficulties and a drop in blood pressure.
In the first trial, the court ruled that "A did not properly explain the procedure to the patient before administering bee venom acupuncture and is guilty of professional negligence." A appealed, claiming "the first trial court misinterpreted the facts and the sentence was excessively harsh." The prosecution filed a cross-appeal, arguing the sentence was too lenient.
The appellate court stated, "The defendant actively recommended bee venom acupuncture to the victim, who was cautious as she was preparing for pregnancy at the time, reassuring her by saying ‘the pain relief patch is actually more dangerous.’ It appears the victim would have refused the procedure if she had been informed of the side effects."
It also said, "Although the statistical likelihood of death from shock due to bee venom acupuncture is not high, the original court’s judgment that there is a significant causal relationship between the defendant’s breach of duty to explain and the victim’s death is justified."
However, regarding the fact that A did not conduct an allergy test before administering the bee venom acupuncture to B, the court ruled "this cannot be seen as neglect of professional duty" and acquitted him on this charge. Consequently, A’s sentence was reduced by two months.
The court explained, "The original court judged that the testing procedure according to the product manual was violated, but the fact that the bee venom acupuncture was performed immediately without a skin test is insufficient to be considered medical negligence," and "there is no evidence to establish a causal relationship with the victim’s death."
'Bee Venom Acupuncture Female Teacher Death Case'... Sparked Conflict Between Medical and Oriental Medicine Communities
This case, widely known as the 'Bee Venom Acupuncture Female Teacher Death Case,' sparked conflicts between the medical community and the field of oriental medicine. In August 2018, the Korean Medical Association criticized, "The pharmacopuncture used in oriental medicine clinics has not been verified for safety or efficacy at all."
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In response, the Korean Oriental Medicine Association stated, "While bee venom acupuncture carries a very rare risk of causing anaphylaxis, anaphylactic shock can also be triggered by other drugs or natural substances," and called for an apology from the medical community.
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