Essential Medical Doctors to Promote 'Non-Prosecution' of Medical Accidents Without Gross Negligence

Government Plan Unveiled at 'Measures to Strengthen the Medical Accident Safety Net' Policy Forum
Reduced or Exempted Sentences for Patient Deaths Considering Urgency and Rescue Efforts
Rapid Review Within 150 Days Through Medical Accident Review Committee, Minimizing Summons Investigations
Mandatory Liability Insurance Enrollment for All Hospitals and Clinics

The government is promoting a plan to not prosecute patients who suffer serious injuries in essential medical fields related to life unless there is gross negligence by the doctor, and to reduce the sentence even if the patient dies. In addition, it plans to establish a 'Medical Accident Review Committee (tentative name)' to quickly determine whether there was gross negligence by the doctor without summons investigation, thereby shortening the investigation period for medical accidents.

On the 6th, the Ministry of Health and Welfare disclosed this government plan at the 'Medical Accident Safety Net Enhancement Measures' policy forum hosted by Kim Mi-ae, a member of the National Assembly's Health and Welfare Committee from the People Power Party.

The government's plan focuses on providing realistic compensation to injured patients and enabling essential medical doctors to perform high-risk and complex surgeries and other conscientious medical treatments without concerns about judicial responsibility or compensation.

First, the standards and targets for criminal punishment in medical accidents will change significantly. Until now, the level of punishment for medical accidents in Korea was often determined by the outcome of the accident, i.e., the degree of injury to the patient, but going forward, responsibility will be based on whether the doctor was grossly negligent, the cause of the medical accident, shifting to a 'prosecution system centered on serious negligence medical accidents.'

Accordingly, currently, even simple negligence cases where the victim does not want criminal punishment are prosecuted if the medical accident results in serious injury, but in the future, the government plans to broadly recognize the 'special case of non-prosecution with victim's consent' based on mediation and agreement between the patient and medical staff. In particular, in essential medical fields, patients who suffer serious injuries due to simple negligence by doctors will, in principle, not be prosecuted, and in cases of patient death, prosecution will proceed but with consideration of urgency and rescue activities at the time of the accident, the sentence may be reduced or exempted.

Kang Jun, Director General of Medical Reform at the Ministry of Health and Welfare, explained, "This is to strengthen judicial protection for doctors in essential medical acts that are directly related to the public's health and life, have high urgency, fatality, and unpredictability, and require social protection from a public interest perspective. However, clear mistakes such as 'wrong surgical site,' 'blood transfusion or medication errors,' and 'reuse of disposable medical devices' will be specified as gross negligence under relevant laws and held accountable."

The government also plans to establish a Medical Accident Review Committee based on medical expertise for investigations. When a patient files a complaint or accusation against a doctor for a medical accident, the prosecution or police receiving it will request a review from the committee within 30 days, and the committee will determine within a maximum of 150 days whether the case involved essential medical acts and the degree of the doctor's negligence. If the committee determines there was gross negligence by the doctor, investigative agencies will begin investigations and prosecute the doctor; however, if the accident is judged to be caused by simple negligence of an essential medical doctor, prosecution will be restrained.

To resolve disputes quickly, medical accident compensation will also be strengthened. The government will mandate all medical institutions to subscribe to liability insurance for medical compensation and expand government subsidies for insurance premiums to allow for high compensation in high-risk essential treatments directly related to life, such as severe and emergency cases. Previously, the government raised the national compensation limit for unavoidable childbirth accidents from 30 million won to 300 million won, and it is considering expanding this to severe emergency cases and severe pediatric cases as well.