Doctor Fined After Patient Dies When He Left Work Without Post-Operative Care Following Cervical Disc Surgery

Court Imposes Fine of 15 Million Won

A doctor who was put on trial for failing to properly perform post-operative care, such as removing a hematoma, after cervical disc surgery-resulting in the patient's death-has been sentenced to a fine.

On January 25, Judge Yoon Jeong of the Incheon District Court's 18th Criminal Division announced that neurosurgeon A (in his 50s), who was indicted on charges of occupational negligence resulting in death, was sentenced to a fine of 15 million won.

Doctor A was indicted for performing cervical disc surgery on patient B (age 60) at a hospital in Incheon on June 21, 2021, and then failing to check for and remove a hematoma that developed at the surgical site, which led to the patient's death.

Thu. (The photo is not related to the article content) Getty Images Bank

Cervical disc surgery carries a high risk of hematoma formation at the surgical site, either due to loosening of vascular ligatures or a postoperative rise in blood pressure. Therefore, an X-ray examination should be performed after surgery, and if a hematoma is detected, it must be removed and airway compression should be relieved.

However, after the surgery that day, Doctor A did not order an X-ray examination for B and left work at 6:03 p.m. It was found that a hematoma and bleeding appeared in the X-ray images examined by a nurse, but Doctor A did not check these results. Patient B died at around 4:10 a.m. the next day due to airway obstruction caused by bleeding.

During the trial, Doctor A argued, "I instructed an X-ray examination before surgery, and even if I left work without personally reviewing the images, it cannot be considered occupational negligence." However, nurses testified that they did not recall receiving instructions from Doctor A to perform an X-ray during rounds.

The court stated, "The defendant left work after rounds without checking the X-ray results, and did not review them afterward. It is difficult to understand why he did not even request that the results be sent via mobile phone or other means."

The court further explained, "A serious outcome occurred in which the patient died due to the defendant's occupational negligence," but also considered the fact that a settlement had been reached with the victim's family and that Doctor A had no prior criminal record in determining the sentence.

Meanwhile, cervical disc herniation is not merely a pain disorder; it can lead to nerve compression. The hallmark symptom of cervical disc herniation is the directionality of pain. While simple neck muscle pain often remains localized, cervical disc herniation typically presents with pain that starts in the neck and radiates to the shoulder, arm, and fingers, or with numbness in specific fingers, decreased sensation, or reduced muscle strength.