Law "Failure to Fully Exercise Duty of Care in Work"

A nurse who left a warming pack on the leg of a newborn infant, causing severe injuries, was sentenced to a fine.


The Jeonju District Court Criminal Division 4 (Presiding Judge Kim Mi-kyung) announced on the 22nd that it sentenced Ms. A, who was charged with injury by professional negligence, to a fine of 2 million won.


[Image source=Yonhap News]

[Image source=Yonhap News]

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Ms. A was charged with leaving a warming pack on the leg of a newborn infant at an obstetrics and gynecology clinic in Jeonju on July 5, 2021, and neglecting it for over six hours, causing burns. The infant suffered third-degree burns of an unspecified treatment duration on the leg and torso and required prolonged hospital treatment.


Ms. A and the hospital explained that the warming pack, wrapped in a towel, was placed inside the blanket to maintain the infant’s body temperature. However, the court recognized Ms. A’s professional negligence, considering that the victim was a newborn unable to move independently or express discomfort.



Judge Kim stated, “The defendant did not check the temperature of the warming pack, which can reach up to 57 degrees Celsius, when placing the victim in the cradle,” and added, “Furthermore, the defendant failed to verify the position or appropriate temperature of the warming pack inside the blanket, neglecting her duty of care as a nurse.” The judge continued, “Since newborns have more delicate skin and less ability to regulate body temperature than adults, this accident could have been prevented if the defendant had properly checked the condition of the warming pack. Considering that the hospital paid compensation and medical expenses and that the defendant has no prior criminal record, the sentence was determined.”


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

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