Patient Group: "Criminal Special Law on Medical Accidents Threatens Patient Safety"

"Priority Should Be Given to Legislation Encouraging Dispute Resolution"

Patient groups have opposed the government's review of special criminal provisions for doctors in medical accidents, calling it a measure that threatens patient safety.

[Image source=Captured from the Korea Patient Organization Federation website]

The Korea Patient Organization Federation, which includes nine groups such as the Korea Leukemia Patient Association, issued a statement on the 2nd expressing this position.

The government announced the first medical reform implementation plan on the 30th of last month. Among the measures to "establish a safety net for medical accidents for both patients and medical staff" were the legalization of medical accident explanations, innovation in medical dispute mediation, activation of medical accident liability insurance, and legalization of special criminal provisions for medical accidents.

The Korea Patient Organization Federation said, "It is a desirable direction in that it aims to ensure prompt compensation through fair medical dispute mediation," but added, "(The special criminal provisions for medical accidents) threaten patient safety and include unconstitutional elements."

They took issue with the government plan stating that "for high-risk essential medical acts such as emergency care and childbirth, exemption from criminal liability will be considered even in cases of serious injury or death."

They stated, "While it does not stipulate shifting the burden of proof to medical personnel like in car accidents, it allows special provisions even for serious injury, death, and gross negligence medical accidents, which have a high risk of unconstitutionality," and urged that legislation aimed at resolving disputes should be prioritized.

Additionally, to promote rational medical use by patients, they advocated for "providing sufficient medical information, reforming indemnity insurance, and strengthening the management of non-reimbursable medical expenses."

Regarding medical school quotas, they urged, "A professional committee for estimating the supply and demand of medical personnel should be promptly formed, and social discussions to decide the 2026 quota should begin to end confusion and conflict."