Medical Law Attorney | Medical Law Attorney Obtains a Stay of Execution of a Physician's License Revocation Arising From a Suspended Sentence

The client was a physician working at a hospital. While performing a procedure, an unexpected side effect occurred in a patient, and the matter subsequently led to charges of occupational negligence causing injury, for which the client stood criminal trial.

As a result of the trial, the client's medical negligence was found, and he received a suspended sentence. The Ministry of Health and Welfare subsequently determined, on the basis of the amended provisions of the Medical Service Act, that the client fell under a ground for disqualification, and it notified him of a disposition revoking his physician's license.

Because the client was personally operating a hospital and continuously treating patients, the execution of the license revocation would have meant that the hospital's operations would cease and that gaps could arise in the treatment of existing patients.

In addition, significant practical losses were anticipated, including issues relating to the employment of medical staff and the burden of lease costs.

Concerned that significant harm could arise if his license were not maintained until the outcome of the main suit was rendered, the client sought to proceed with an application for a stay of execution in order to suspend the effect of the license revocation disposition, and he requested the assistance of the medical law attorney.

The medical law attorney organized and submitted the client's prior treatment history and the measures taken after the incident, and he explained in concrete terms the efforts to prevent recurrence and the process of reaching a settlement with the patient.

In this way, he emphasized that it would be excessive for every case to lead to license revocation even where the same result has occurred.

The medical law attorney organized and submitted materials on the list of patients currently under treatment and the schedule of appointments.

He also emphasized that treatment could not be provided to patients if the hospital's operations were to cease, and he explained the resulting problem of a gap in medical care.

He further presented materials on the issue of paying staff salaries and the burden of rent, thereby emphasizing that not only financial problems but also an actual gap in medical care would arise.

An application for a stay of execution may be brought by the party directly before the court, or the court may decide on its own authority, and the court hearing the main case has jurisdiction.

The applicant must specifically demonstrate the grounds for a stay of execution, such as the possibility of harm and its urgency.

After the application, the court relatively promptly holds an examination date or, through a documentary review, examines the party's arguments and materials and then renders a decision.

Where the stay of execution is granted, the effect or execution of the disposition concerned is provisionally suspended.

As set out above, the Medical Service Act provides that, where a person falls under certain grounds, a physician's license may be revoked or restricted.

However, not every criminal punishment leads directly to license revocation; the matter is determined by comprehensively considering the connection with the medical conduct, the nature of the offense, and whether negligence was involved.

In particular, in the case of an offense involving negligence, such as occupational negligence causing injury arising in the course of treatment, there may be room for exclusion from license revocation by way of exception, so legal review is necessary depending on the specific facts.

The medical law attorney collaborates with an administrative law attorney to organize the structure of the case around the requirements for a stay of execution and to provide assistance so that the possibility of harm and its urgency can be demonstrated through objective materials in accordance with the standards by which the court makes its determination.

He also constructs a line of argument that takes into account the balance between the public interest and private interests, thereby supporting a substantive response.

In addition, he provides support so that, after the application for a stay of execution, the dispute over the lawfulness of the disposition can be carried through systematically up to the stage of the main administrative litigation.

Depending on the case, he designs the strategy through to the 🔗medical administrative litigation by reflecting various legal issues, such as a review of unconstitutionality or an argument of abuse of discretionary power.

If you require an application for a stay of execution against an administrative disposition such as the revocation of a physician's license, we invite you to confirm a response strategy suited to your specific circumstances through a 🔗medical attorney legal consultation appointment.