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Health Ministry Withdraws Mention of Disciplinary Action Against Military Doctor for 'ER Refusal' (Comprehensive Report 2)

Ministry of National Defense "No Disciplinary Review" Rebuttal, Ministry of Health Also Corrects
Medical Association "Patchwork Orders and Frequent Threats"

Health Ministry Withdraws Mention of Disciplinary Action Against Military Doctor for 'ER Refusal' (Comprehensive Report 2)

Some military doctors dispatched to hospitals experiencing disruptions in emergency room operations have refused to work, citing concerns over medical malpractice liability. The Ministry of Health and Welfare initially stated it would consult with the Ministry of National Defense on disciplinary actions for these doctors due to violations of work orders but later reversed this position.


On the afternoon of the 8th, during the 'Emergency Medical Daily Briefing,' the Ministry of Health and Welfare responded to unanswered questions by stating, "Even if the dispatched military doctors are sent to other hospitals, similar issues may arise. Therefore, we will continue education and persuasion efforts and consult with the Ministry of National Defense regarding disciplinary measures for violations of military work orders."


However, the Ministry of National Defense responded that it had "not received any request from the Ministry of Health and Welfare and is not considering disciplinary actions" related to violations of work orders by dispatched military doctors. It further explained, "These military doctors are currently coordinating with the Ministry of Health and Welfare regarding department adjustments within the dispatched hospital or reassignment to other hospitals without returning to their units," adding, "They reported to the assigned hospital per dispatch orders but, due to lack of agreement on work coordination with the hospital, are currently waiting near the hospital or at personal accommodations."


Following the Ministry of National Defense's statement, the Ministry of Health and Welfare abruptly changed its stance, correcting that it is not considering disciplinary measures in consultation with the Ministry of National Defense regarding the military doctors. The Ministry issued a press release stating, "The claim that we would consult with the Ministry of National Defense on disciplinary actions for violations of work orders is inaccurate, and we are not reviewing such measures."


It added, "We have been sufficiently consulting with the Ministry of National Defense regarding the deployment of military doctors and plan to strengthen education and communication to ensure that the dispatched military doctors' intentions and the medical institutions' needs are coordinated to be helpful in the medical field," further stating, "We will prepare guidelines defining the scope of military doctors' duties to support smooth work coordination with medical institutions."


The Korean Medical Association (KMA) responded to the Ministry of Health and Welfare's position, which threatened disciplinary action against military doctors who resist unbearable emergency room work orders, by stating, "Rather than resolving the medical crisis, the government continues to issue patchwork orders and threats even today," and urged, "The government, which changes its stance daily, must get its act together and present a unified plan involving all political parties to resolve the medical crisis."


Health Ministry Withdraws Mention of Disciplinary Action Against Military Doctor for 'ER Refusal' (Comprehensive Report 2)

First, on the 8th, the Ministry of Health and Welfare explained that there is no issue of medical malpractice concerning the 250 military doctors and some public health doctors deployed to emergency medical sites since the 4th who have refused to work due to concerns over medical malpractice liability. When medical malpractice occurs due to substitute personnel, the medical institution receiving these personnel is the liable party. The Ministry explained that as of April, 65 institutions had already submitted liability consent forms stipulating that the medical institution would bear responsibility for damages caused by substitute personnel's negligence.


A Ministry of Health and Welfare official said, "To alleviate hospitals' burden of medical malpractice compensation, we have enrolled in group insurance covering liability, with contracts allowing compensation up to 200 million KRW per claim (total coverage limit of 2 billion KRW). In cases where liability arises from dispatched personnel's negligence, the medical institution will bear a deductible of 20 million KRW."


However, as some military doctors dispatched to certain hospitals have complained of difficulties in emergency room treatment and have either returned or been reassigned to intensive care units, some have questioned whether the government's substitute personnel deployment measures are effective.


In response, the Ministry of Health and Welfare stated, "The Central Accident Response Headquarters (CARH) dispatches military doctors to hospitals facing difficulties in treating severe and emergency patients. On-site, hospital directors utilize them to maintain necessary functions such as emergency or backup care," adding, "If the hospital director decides to assign them outside the emergency room, the original staff can work in the emergency room, so the dispatch of military doctors remains meaningful."


According to the manual, if a military doctor dispatched to the emergency room requests to return, the local government verifies the hospital's intention and sends a return request letter to the Ministry of Health and Welfare, which then notifies the Ministry of National Defense. The Ministry of National Defense must then order the military doctor to return to their unit. However, this process reportedly did not occur.


The Ministry also claimed that the scope of duties for dispatched military doctors was notified in advance. It explained, "When the CARH requests the Ministry of National Defense to dispatch military doctors, the official letter specifies that they will perform duties related to inpatient and emergency patients," and "The medical institutions receiving the personnel are responsible for providing specific work instructions and managing their service."


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