70s Patient Dies of Shock After Anal Surgery... 'Misdiagnosis' Doctor Receives Suspended Sentence in Appeal Trial

First Trial: 1 Year 6 Months Imprisonment... Unusual Court Detention
Released on Bail 2 Months After Imprisonment

Regarding the incident five years ago in a general hospital in Incheon where a patient in his 70s died from shock, a 40-year-old surgeon who was sentenced to imprisonment without suspension in the first trial due to misdiagnosis was given a suspended sentence in the appellate trial.

The Criminal Appeals Division 4 of the Incheon District Court (Presiding Judge Kim Yoon-jong) overturned the original sentence of 1 year and 6 months imprisonment and sentenced surgeon A (42), who was charged with professional negligence causing death, to 1 year and 6 months imprisonment with a 3-year suspension at the appellate trial held on the 19th. A was unusually sentenced to imprisonment and detained in court in the first trial last September as a defendant in a medical accident case. Subsequently, he applied for bail in mid-November last year while the appellate trial was ongoing, and after a separate hearing, he was released on the 24th of the same month, two months after being detained.

A was tried on charges of failing to properly diagnose the symptoms of patient B (78 years old at the time of death) at a general hospital in Incheon on June 15, 2018, resulting in B’s death. At that time, A misdiagnosed B’s duodenal ulcer as acute anal fissure (fistula), and even though B continued to bleed after surgery, no additional endoscopic examination was performed. B, who collapsed from anemia the day after surgery, eventually died from hypovolemic shock 11 hours later.

The first trial court judged that B died due to delayed measures caused by A’s misdiagnosis after a trial lasting over four years. A, who completely denied the charges in the first trial, appealed, claiming that "the court misunderstood the law and the decision is unfair."

When A was detained, medical organizations issued statements in protest in September last year. The Korean Medical Association expressed "deep condolences to the deceased patient and the bereaved family in this case," but also pointed out that "detaining a doctor without flight risk at the first trial sentencing was excessive judicial action." They added, "Sentencing medical staff criminally in medical malpractice cases ultimately leads to defensive medicine, adversely affecting public health," and criticized, "The court’s decision to detain the defendant before the verdict was finalized is a very unfair decision that ignores the essence of medical care."

The Korean Medical Association further emphasized, "Doctors are human after all, so depending on the situation, they may not be able to make a perfect diagnosis or may fail to save a patient’s life due to unforeseen causes," and strongly demanded again that "the collapse of the medical system caused by the judiciary’s unprecedented decision to detain doctors for professional negligence must not recur."

The appellate court explained the sentencing by saying, "While A’s guilt is serious," it considered "the fact that he was detained in a detention center for two months after the first trial’s imprisonment sentence and showed remorse."