Doctor Who Perforated Colon During Endoscopy Causing Patient's Death Receives Reduced Sentence in Appeal Trial

A doctor in his 50s, accused of causing a hole in a patient's colon during an endoscopy, which ultimately led to the patient's death, received a reduced sentence in the appellate court.
[Image source=Yonhap News]

[Asia Economy Intern Reporter Kim Bong-ju] A doctor in his 50s, accused of causing a fatal colon perforation during an endoscopy, received a reduced sentence in the appellate court.

On the 14th, according to Cheongju District Court, the First Criminal Appeals Division (Chief Judge Lee Hyung-geol) overturned the original sentence of one year imprisonment for Dr. A (59), who was charged with involuntary manslaughter due to professional negligence, and instead sentenced him to one year imprisonment with a two-year probation period.

The court stated, "Considering that the defendant bore all medical expenses and that the victim had underlying conditions such as hypertension and was using steroids, which likely contributed to the perforation, probation is granted."

However, the court added, "The defendant did not properly confirm the presence of the perforation and neglected emergency measures afterward, resulting in the victim's death; therefore, the defendant's claim of innocence is rejected."

Previously, on May 12, 2015, Dr. A, who operated an internal medicine clinic in Cheongju, caused a 5 cm perforation in the colon while taking a tissue sample during an endoscopy of patient B (68 years old at the time of death).

Patient B experienced generalized seizures and convulsions and lost consciousness.

Dr. A administered a sedative without taking further action and monitored the condition before transferring patient B to a higher-level hospital around 5 p.m. that day.

At the receiving hospital, patient B was diagnosed with acute peritonitis. Subsequently, B was transferred to a university hospital for surgery but passed away two months later.

It was found that patient B, who had been taking steroid-based rheumatoid medication, had a thinner colon lining than average.

The first trial court sentenced Dr. A to one year imprisonment, citing failure to properly confirm the perforation and delay in promptly transferring the patient to a higher-level hospital.