[Chuncheon Medical Specialist Attorney Assistance Case] Suspended Sentence for Violation of the Medical Service Act With the Assistance of a Chuncheon Medical Specialist Attorney

The client who requested help from the Chuncheon medical specialist attorney was working as an anesthesia specialist nurse at a hospital.

The co-defendant, who was a specialist physician and the hospital director at the hospital where the client was working, was unable to find an anesthesiology specialist and proposed that the client serve as head of the anesthesiology and pain medicine department.

The client accepted this and performed anesthesia care and spinal anesthesia procedures on dozens of occasions.

However, this is a medical act that only a physician may perform, and a specialist nurse may not independently decide on the medication, dosage, site, and the like and carry out the procedure.

Nevertheless, the client independently decided these matters and then administered medication to patients, unlawfully performing an unlicensed medical act.

Facing the risk of an actual prison sentence for a violation of the Medical Service Act, the client sought to reduce the punishment with the assistance of the Daeryun Law Firm Chuncheon medical specialist attorney.

Unlicensed Medical Act

No person who is not a medical professional may perform a medical act, and a medical professional may not perform a medical act other than the one for which the professional is licensed.

※ However, a person falling under any of the following may perform a medical act within the scope prescribed by Ordinance of the Ministry of Health and Welfare.

1. A person who holds a foreign medical professional license and stays in Korea for a certain period

2. A person who performs a medical act for the purpose of medical volunteer service, research, or a pilot project at a medical college, dental college, college of Korean medicine, professional graduate school of medicine, professional graduate school of dentistry, professional graduate school of Korean medicine, a general hospital, or a foreign medical-aid organization

3. A student at a school majoring in medicine, dentistry, Korean medicine, or nursing

- Medical Service Act Article 27 (Prohibition of Licensed Medical Acts, etc.)

Severity of Punishment for an Unlicensed Medical Act

Imprisonment for not more than 5 years or a fine of not more than 50 million won

The defendant has now clearly recognized how dangerous and wrong the defendant's conduct was and is deeply regretting it.

The attorney argued that the defendant is sincerely repenting and reflecting and has submitted a letter of reflection.

The defendant refused the co-defendant's instruction to administer anesthesia alone.

However, the co-defendant offered reassuring persuasion, stating that anesthesia does not change whether a physician or a nurse administers it, and the defendant argued that she therefore had little choice but to administer the anesthetic medication on her own.

The defense argued that the defendant's unlicensed medical conduct caused no serious harm to the patients.

This case involved a client who faced an actual prison sentence for unlicensed medical conduct and obtained a reduced sentence with the assistance of the Daeryun Chuncheon medical attorney.

When you face possible punishment for violating the Medical Service Act in this way, it can be helpful to obtain the assistance of an experienced attorney.

At Daeryun Law Firm, attorneys with extensive knowledge and experience in medical litigation respond to medical disputes through a systematic process.

They stay with the client from the initial consultation through to the conclusion of the case.

If you wish to seek a reduced penalty in a situation similar to the case above, you may entrust your case to a Chuncheon medical attorney at Daeryun Law Firm at any time.