The Supreme Court has ruled that it is a violation of the Medical Service Act for a dental hygienist to perform anesthesia procedures.
The Supreme Court's First Division (Presiding Justice Kim Seon-su) announced on the 8th that it upheld the lower court's ruling, which sentenced dentist A and dental hygienist B to fines of 3 million won each for violating the Medical Service Act.
A and dental hygienist B were indicted on charges of administering anesthesia using a painless anesthesia device during patient treatment, with B injecting the anesthetic instead of A. Patient C was found to have suffered aftereffects such as sensory abnormalities on the tongue following the treatment.
A argued that he personally administered the anesthesia injection, and B only assisted by holding the syringe, after which A took it back and removed it, claiming this did not violate the Medical Service Act. On the other hand, C countered that while wearing a facial mask, the anesthetic was administered by a female dental hygienist, not the doctor, based on tactile and auditory perception.
The first and second trials stated, "The patient visited the dental clinic once more for treatment and received direct care from A at that time, so it appears that the presence of B during the incident could have been clearly distinguished," and sentenced A and B to fines of 3 million won each.
The Supreme Court also agreed with the lower courts' judgment.
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