Patient groups are particularly concerned that the special law could make it even more difficult to seek redress for harm. (Image courtesy of the Korea Alliance of Patients Organization)
SEOUL, Feb. 2 (Korea Bizwire) – The government’s move to push for a special law that would exempt doctors from criminal prosecution in the event of medical accidents has sparked controversy among patients and civic groups, raising concerns about privilege.
On February 1, the government unveiled a new medical policy package that includes a proposal to apply criminal prosecution exemptions for medical accidents, contingent upon all medical professionals being insured.
The main feature of the proposed legislation is to limit the filing of charges for occupational negligence resulting in injury or death, provided the doctor is insured through a comprehensive insurance or mutual aid association.
If the special law is enacted, it will no longer be possible for charges to be filed against the wishes of the victims, effectively treating these cases as non-punishable against the victim’s will.
However, exceptions would be made if the patient disagreed or if the doctor or medical institution refused to participate in mediation. Discussions about whether to include fatal medical accidents in the exemption and whether to exclude cosmetic and plastic surgery accidents will take place later.
(Image courtesy of Yonhap)
Before the enactment of the special law, the government plans to significantly improve investigative procedures to accommodate doctors, including avoiding unnecessary summoning for investigations and considering leniency for emergency medical accidents without gross negligence. The current medical dispute mediation and arbitration system will also play a key role.
The establishment of this special law has been a strong demand within the medical community. Medical associations have argued for the necessity of a special law to prevent criminal prosecution for unintended medical accidents, claiming that legal responsibilities attributed to doctors for inevitable accidents have led to a reluctance to provide essential medical services.
However, patients are opposing the special law, deeming it a “privilege” that reduces the criminal liability of medical professionals. While there is agreement on the need to prevent an exodus of medical professionals from essential medical fields due to staffing shortages, critics argue that the proposed improvements are one-sidedly reflecting the demands of doctors, potentially relegating patient safety to a lower priority.
Patient groups are particularly concerned that the special law could make it even more difficult to seek redress for harm, as the burden of proof for medical accidents currently falls on the patients. Given the lack of expertise and the asymmetry of information, victims and their families often struggle to prove the causality between medical treatment and accidents.
Minister of Health and Welfare Cho Kyu-hong (Image courtesy of Yonhap)
Patient organizations argue that the special law should be discussed in conjunction with shifting the burden of proof for medical accidents to doctors and mandating comprehensive insurance coverage.
Following the policy announcement, patient associations, the Citizens’ Coalition for Economic Justice, and the Consumer Network for Public Interest strongly objected through a joint statement, demanding the withdrawal of the proposal and declaring their withdrawal from the consultative body they had been participating in since last November.
The patient groups held a press conference in front of the National Assembly condemning the push for the special law, urging that legislation should first be enacted to make medical professionals explain and apologize to patients and their families for medical accidents and shift the burden of proof to doctors.
The Korean Health and Medical Workers’ Union stated that while the criminal liability for unavoidable medical accidents should be eased, the special law should not infringe on patients’ rights or become a law that provides immunity for intentional, negligent, or substandard treatment.
The government emphasized that the special law is being pursued to provide a safer treatment environment for both doctors and patients. Jeon Byung-wang, who is responsible for healthcare policy at the Ministry of Health and Welfare, stated that the special law is being discussed with the premise of ensuring that citizens receive prompt and adequate compensation in the event of medical accidents, with necessary social consensus to be discussed by the Presidential Committee on Healthcare Reform.
The Korean Medical Association welcomed the enactment of the special law but reiterated its request to include all medical accidents, including fatal incidents and all medical specialties, within the scope of the law.
M. H. Lee (mhlee@koreabizwire.com)
