🚨 Medical Malpractice Criminal Judgments

Today Korean Social News for Beginners | 2025.08.15

0️⃣ Gap Between Actual Punishment and Medical Community Concerns

📌 Only 38 Doctors Face Criminal Punishment Per Year... Government Analysis Reveals Reality of 'Legal Risk'

💬 Government research shows that only about 38 doctors per year receive criminal court judgments for medical malpractice. This number is nearly 20 times smaller than the 752 per year claimed by medical associations. Most doctors who received judgments got fines or suspended sentences, and 28% were found not guilty. This shows a different picture from the excessive criminal punishment that the medical community worries about. Orthopedics and plastic surgery had high rates while essential medical fields had relatively low rates, showing a gap between doctors' perceived risk of criminal punishment and actual reality.

💡 Summary

• Medical malpractice criminal judgments are criminal trials for medical professionals who harm patients through treatment negligence.
• Government research shows only 38 doctors receive criminal judgments annually, very different from the 752 claimed by medical associations.
• Most punishments are fines and suspended sentences, with 28% not guilty verdicts, so actual punishment severity is relatively low.

1️⃣ Definition

Medical malpractice criminal judgment means when a medical professional's negligence during treatment causes death or injury to a patient, that medical professional receives a criminal trial and gets either a guilty or not guilty verdict. Usually the criminal law of 'professional negligence causing death or injury' applies, and depending on how much the medical professional violated their duty of care, they receive fines, imprisonment, or not guilty verdicts.

Medical procedures naturally contain risks, so not every bad outcome is recognized as medical malpractice. The key judgment standard is whether the medical professional fulfilled the duty of care required by medical standards at the time of treatment.

💡 Why is this important?

• It's a legal responsibility issue directly connected to medical professionals' treatment actions.
• It presents social standards for medical service quality and patient safety.
• It affects medical professionals' treatment behavior and avoidance of essential medical care.
• It's one important method for resolving medical disputes and helping victims.

2️⃣ Government Research Results and Realistic Levels

📕 Actual Criminal Judgment Status and Statistical Differences

• About 38 people per year receive criminal judgments. Main status is as follows:

  • From 2018 to 2022, a total of 192 doctors received criminal judgments for medical malpractice over 5 years.
  • This averages 38 per year, a very low rate compared to about 120,000 doctors nationwide.
  • This is nearly 20 times different from the 752 per year previously claimed by the Korean Medical Association.
  • The statistical difference comes from different counting methods - the medical association likely included suspects at the investigation stage.

• Judgment types and punishment levels are relatively lenient. Main characteristics are as follows:

  • Fines make up the largest portion, averaging around 5 million won.
  • Suspended prison sentences also show significant rates, with actual prison sentences being very rare.
  • Not guilty verdicts reach 28%, so even fewer doctors actually get punished.
  • This shows the judiciary's careful approach considering the professionalism and uncertainty of medical practice.

📕 Distribution by Medical Specialty and Impact on Essential Medicine

• Orthopedics and plastic surgery showed high rates. Main distribution is as follows:

  • Orthopedics accounted for about 20%, the highest rate.
  • Plastic surgery also showed significant portions, reflecting the characteristics of high surgical risk specialties.
  • Essential medical fields like obstetrics and emergency medicine showed relatively low rates.
  • This suggests essential medical avoidance may be due to factors other than criminal punishment concerns.

• Regional differences and medical environments also seem to influence outcomes. Main patterns are as follows:

  • More cases occurred in small-medium hospitals or private clinics rather than large metropolitan hospitals.
  • Emergency situations or high-risk patient treatment often led to criminal cases.
  • Lack of communication between medical staff and patients/families frequently escalated to legal disputes.
  • Use of alternative dispute resolution systems like the Korea Medical Dispute Mediation and Arbitration Agency is increasing.

💡 Main Issues in Medical Malpractice Criminal Judgments

1. Statistical accuracy: Large difference between medical community claims and actual reality
2. Punishment level: Relatively lenient dispositions centered on fines and suspended sentences
3. Specialty gaps: Concentration in surgical specialties, essential medical fields relatively low
4. Not guilty rate: High 28% acquittal rate makes actual punishment even more limited
5. Medical community perception: Gap exists between perceived risk and actual reality

3️⃣ Medical Dispute Resolution Systems and Alternative Approaches

✅ Expanding Role of Medical Dispute Mediation and Arbitration System

• Resolution through mediation instead of criminal punishment is increasing. Main changes are as follows:

  • Mediation cases through the Korea Medical Dispute Mediation and Arbitration Agency increased to over 2,000 per year.
  • Mediation success rates also maintain over 70%, establishing itself as an effective dispute resolution method.
  • Fast and professional dispute resolution is possible compared to criminal complaints, with high satisfaction from parties.
  • Medical professionals can also resolve disputes through appropriate compensation without criminal punishment risk.

• It's developing into a system that helps both medical professionals and patients. Main advantages are as follows:

  • Medical professionals get recognized for their expertise while taking reasonable levels of responsibility.
  • Patients and families can receive rapid damage relief and recurrence prevention measures.
  • Socially, it has effects of reducing excessive defensive medicine or essential medical avoidance.
  • It's finding a balance point pursuing both medical development and patient safety.

✅ Comparison of International Medical Malpractice Response Systems

• Each country takes different approaches to medical malpractice. Main examples are as follows:

  • The US centers on civil lawsuits allowing high compensation but has heavy medical insurance premium burdens.
  • Germany and France focus on rapid dispute resolution through specialized arbitration organizations.
  • The UK operates a public compensation system under the National Health Service (NHS) framework.
  • Japan, similar to Korea, combines criminal punishment and civil compensation while strengthening mediation.

• Korea is also pursuing system improvements matching international trends. Main directions are as follows:

  • Converting to policies focusing on prevention and compensation rather than punishment.
  • Supporting medical professionals' autonomous quality improvement and patient safety system construction.
  • Increasing investment in communication education and system improvements to prevent medical disputes.
  • Creating reasonable and predictable legal standards to reduce medical professionals' anxiety.

4️⃣ Related Term Explanations

🔎 Professional Negligence Causing Death or Injury

• This is the criminal law charge applied when medical professionals harm patients through negligence.
  • Professional negligence causing death or injury is a crime stipulated in Article 268 of the Criminal Act, punishing cases where professional negligence or gross negligence causes death or injury to people. Medical professionals are occupational groups requiring high expertise and duty of care, so they can be punished under this charge if they harm patients through negligence during treatment.
  • Crime establishment requirements include: First, there must be professional or gross negligence. Since medical professionals are required to have higher duty of care than ordinary people, failure to provide treatment matching medical standards is recognized as negligence. Second, there must be a causal relationship between negligence and death/injury results. Third, patient death or injury must actually occur.
  • Punishment level is imprisonment of up to 5 years or fines up to 20 million won as statutory penalties. However, in practice, most cases result in fines or suspended sentences, with fines around 5 million won being most common for first offenses or minor negligence. Courts tend to judge carefully considering the professionalism and uncertainty of medical practice.

🔎 Korea Medical Dispute Mediation and Arbitration Agency

• This is a public organization for rapid and fair resolution of medical malpractice disputes.
  • The Korea Medical Dispute Mediation and Arbitration Agency is a public institution established in 2012 under the Medical Accident Damage Relief and Medical Dispute Mediation Act. Its main role is resolving disputes caused by medical accidents through mediation and arbitration, and providing rapid relief to medical accident victims.
  • Main duties include: First, medical dispute mediation supporting dispute resolution through agreement between parties. Second, medical dispute arbitration resolving disputes through arbitration panel decisions. Third, medical accident damage relief benefits providing rapid compensation for damages up to 40 million won. Fourth, medical accident prevention and medical professional education efforts to reduce accident occurrence.
  • The mediation and arbitration agency's advantages are being faster and less expensive than court litigation, with professional judgment possible through medical expert participation. Over 2,000 cases are filed annually with mediation success rates maintained above 70%, establishing itself as a major channel for medical dispute resolution.

🔎 Defensive Medicine

• This is the phenomenon where medical professionals practice overly conservative medicine to avoid legal disputes.
  • Defensive medicine refers to medical practice where medical professionals perform medically unnecessary tests or treatments, or conversely avoid risky treatments, to avoid medical accidents, medical disputes, or legal responsibility. It's a passive treatment method prioritizing the medical professional's legal safety over the patient's best interests.
  • Types of defensive medicine include: First, positive defensive medicine excessively performing unnecessary tests or procedures. Second, negative defensive medicine avoiding high-risk patients or procedures. Third, excessive referrals sending patients to other medical institutions even within one's specialty area.
  • Problems with defensive medicine include rising medical costs, increased patient inconvenience and risks, and decreased medical accessibility. Especially if defensive medicine intensifies in emergency medicine or high-risk treatment fields, situations can arise where patients cannot receive appropriate treatment. Solving this requires reasonable medical malpractice judgment standards and appropriate dispute resolution systems.

5️⃣ Frequently Asked Questions (FAQ)

Q: When a medical accident happens, must I file criminal charges?

A: Filing criminal charges is optional, and there are various resolution methods like the Medical Dispute Mediation and Arbitration Agency.

• Just because a medical accident occurred doesn't mean you must file criminal charges. Rather, most medical disputes are resolved more effectively through civil resolution or mediation. First, mediation through the Korea Medical Dispute Mediation and Arbitration Agency is the most common and effective method. Fast and professional dispute resolution is possible, and for damages up to 40 million won, you can also receive damage relief benefits. Second, there's direct negotiation with the hospital for agreement. Third, you can claim damages through civil lawsuits.
• Criminal charges should be considered only when medical professionals' intent or gross negligence is clear. Even if you file criminal charges, actual punishment probability is low, and disputes may become prolonged, which can be disadvantageous for victims too. Since appropriate damage compensation and recurrence prevention are important, it's advisable to consult experts and choose the most effective resolution method.

Q: If medical professionals receive criminal punishment, how does it affect their medical licenses?

A: Receiving criminal punishment doesn't automatically cancel or suspend medical licenses.

• Just because someone received criminal punishment for medical malpractice doesn't mean their medical license is automatically canceled or suspended. Administrative disposition for medical licenses is done separately according to medical law, independent from criminal punishment. First, medical law grounds for license cancellation or suspension are limited to medical law violations, fraudulent license acquisition, disgraceful conduct, etc. Second, simple criminal punishment for medical malpractice mostly doesn't correspond to license cancellation grounds. Third, fines or suspended sentences generally don't affect licenses.
• However, serious medical accidents, repeated negligence, or intentional false medical billing can result in separate administrative dispositions. The Ministry of Health and Welfare or city/provincial governors can decide license suspension or cancellation through medical review committee deliberation, but this is applied very restrictively. Therefore, criminal punishment for ordinary medical negligence rarely has fatal effects on medical practice.

Q: Between the Medical Dispute Mediation and Arbitration Agency and court litigation, which is more advantageous?

A: It depends on the case nature and damage scale, but in most cases the mediation agency is more efficient.

• The Medical Dispute Mediation and Arbitration Agency and court litigation each have advantages and disadvantages, so choice depends on case characteristics. Mediation agency advantages include: First, rapid resolution is possible with results within average 6-8 months. Second, medical experts participate for professional and fair judgment. Third, costs are low and procedures are simple. Fourth, for damages up to 40 million won, rapid compensation is available through damage relief benefits.
• Court litigation advantages include: First, high compensation is possible, allowing more compensation for serious damages. Second, it has enforceability, so forced execution is possible with final judgments. Third, legal responsibility can be clearly determined. However, litigation takes average 2-3 years, costs a lot, and results are hard to predict. Since most medical disputes involve damages under 40 million won, it's efficient to first use the mediation agency, then consider litigation if mediation fails or for high damages.

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