'Nurse Charged with Negligent Homicide in Patient's Death from Fall Accident Acquitted in Appeal'

5 Million Won Fine in First Trial, Acquittal on Appeal
"Difficult to Conclude Violation of Duty of Care"

A nurse who was prosecuted for causing the death of a hospitalized patient due to a fall accident was acquitted on appeal, overturning the original court's sentence of a 5 million won fine.

On the 11th, Yonhap News reported that the Daegu District Court Criminal Appeal Division 5 (Presiding Judge Kim Sang-yoon) overturned the original sentence of a 5 million won fine and acquitted Nurse A, who was charged with causing death by professional negligence for a hospitalized patient who died from a fall accident.

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A was charged with failing to fulfill the duty of care as a nurse after a patient B in his 60s at a hospital ward in Pohang, Gyeongbuk, suffered a head injury from a fall accident and died on October 10, 2021. On the day of the accident, A, concerned that B might remove the physical restraint by himself, administered a sedative to B under a doctor's prescription, applied the physical restraint, and confirmed that B had fallen asleep. However, B later removed the physical restraint, suffered a head injury from a fall accident, and died several days later.

The appellate court explained, "Considering the regulations on the use of physical restraints and the victim's physique, it is difficult to conclude that the defendant violated the duty of care regarding the application of the restraint solely based on the fact that the victim removed the restraint before the accident." The court also stated the reason for acquittal, saying, "The defendant placed the victim in a treatment room close to the nursing station and observed him frequently, and it appears that appropriate measures such as fall prevention education, attaching fall risk factor signs, and applying auxiliary handrails were taken."

In October last year, four people including a Korean medicine doctor and nurses at a rehabilitation nursing hospital, who were prosecuted for causing death by professional negligence for failing to discover a fall patient in time, were all acquitted. Patient C was admitted to the hospital in July 2018 and died from a fall in April 2019. He was a Parkinson's disease patient, and the hospital had classified him as a high-risk group for falls and managed him accordingly.

The court explained the reason for acquittal, stating, "Although there is room to acknowledge professional negligence related to hospital duty work by the Korean medicine doctor and care workers, it is highly likely that the patient died instantly from the fall itself, making it difficult to recognize a causal relationship between professional negligence and the victim's death." Prior to this criminal trial, a civil trial ruled that the nursing hospital operator must compensate the bereaved family for damages, stating that the operator failed to properly equip safety devices such as handrails and safety belts, thus failing to prevent falls.

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