CONTENTS
- 1. Medical Service Act Attorney | The Client at Risk of Revocation of Medical License
- 2. Medical Service Act Attorney | Explanation of Suspension of Medical License Qualification
- - Types of Medical Acts
- 3. Medical Service Act Attorney | The Core Issues of the Case and the Defense Strategy
- - Digital Forensic Analysis
- - Securing Cooperative Materials from the Hospital and Pharmacy
- - Proving Physical Distance Through Card Records and Attendance Records
- 4. Medical Service Act Attorney | The Final Decision of the Ministry of Health and Welfare
- - The Need for a Medical Service Act Attorney
1. Medical Service Act Attorney | The Client at Risk of Revocation of Medical License
This is the account of a client who sought out a medical law attorney for assistance.
The client had a history of receiving a suspension of physician's qualification disposition in the past for a violation of the Medical Service Act.
After returning to work and devoting himself normally to medical treatment work at the hospital, he received a notice of intended revocation of his medical license from the Ministry of Health and Welfare on the ground that medical treatment had taken place during the past suspension of qualification period.
The medical treatment at issue consisted of 3 prescriptions issued in the client's name during the suspension of qualification period.
Accordingly, the Ministry gave advance notice of a license revocation disposition on the ground of a violation of Article 65 (1) 2 of the Medical Service Act, and the client, facing the crisis of losing the license directly tied to his livelihood, sought out a medical law attorney for assistance.
2. Medical Service Act Attorney | Explanation of Suspension of Medical License Qualification
A suspension of a doctor’s license is an administrative sanction prohibiting medical practice for a certain period when grounds for a violation of the Medical Service Act arise.
Unlike revocation of a license, which strips the license entirely, after a certain period has passed the practitioner may return to work and resume medical practice.
However, if any act constituting medical practice is performed during this suspension period, it may lead to grounds for revocation of the doctor’s license, so caution is required.
Types of Medical Acts
Engaging in medical practice while under a 🔗suspension of a physician’s license can lead to revocation of the medical license, as noted. The following acts constitute medical practice.
• Issuing prescriptions under one’s own name and entering them into the system
• Reporting to work at the hospital or accessing medical records
• Indirect medical practice such as entering narcotics data
In a situation like that of the client in this case, even an act of data entry can lead to revocation of the medical license, so the assistance of a medical law attorney well versed in the Medical Service Act is important.
3. Medical Service Act Attorney | The Core Issues of the Case and the Defense Strategy
The key issue in this case centered on “whether medical practice actually took place.”
The Medical Service Act attorney established a strategy based on the following four issues.
▶Can a prescription issuance record be recognized as actual medical practice?
▶Can an automatic-input system or a mere electronic record be regarded as medical practice?
▶Did the client actually report to the hospital or take part in treatment?
▶Was there intent or negligence?
Digital Forensic Analysis
The medical law attorney collaborated with the Daeryun Digital Forensics Center to trace the client’s movements.
▶Analysis of location information
Proving that on the date at issue the smartphone location/GPS and card payment records were in an area entirely different from the hospital
▶Analysis of call records
Confirming that there were no call records with the hospital or hospital app login records at all
▶Recovery of text messages
As a result of recovering deleted text messages, confirming the circumstance that a message stating “I am not treating patients because I am under license suspension” had been sent to the hospital’s accounting officer
Securing Cooperative Materials from the Hospital and Pharmacy
The medical law attorney secured the following important statements and documents from the hospital and the pharmacy.
▶Securing the hospital's statement
Confirmation that, due to an error in the narcotics entry system, another physician's prescription was automatically entered under the client's name
▶Analysis of the pharmacy's computer records
Confirmation that the actual prescription date of the dispensed medication was before the suspension of qualification
Proving Physical Distance Through Card Records and Attendance Records
▶Analysis of credit card payment records
Proving that on the date at issue the card was used in an area physically far from the hospital
▶Securing the hospital’s access system, fingerprint recognition records, attendance logs, and the like
Confirming that there was not a single record of attendance during the period of suspension of qualification
4. Medical Service Act Attorney | The Final Decision of the Ministry of Health and Welfare
Based on the supporting materials and the written opinion submitted by the medical law attorney, the Ministry of Health and Welfare ultimately made the following decision.
▶Withdrawal of the planned disposition revoking the medical license
The Ministry withdrew the disposition on the grounds that there was no direct evidence that the client had actually been involved in the treatment and that neither intent nor negligence was proven.
The Need for a Medical Service Act Attorney
If you face the risk of suspension or revocation of a medical license, a Daeryun medical law attorney is critical for the following reasons.
▶Experience responding to administrative agencies such as the Ministry of Health and Welfare and public health centers
▶A deep understanding extending to the practical operations and the structure of the computer systems of medical institutions
▶The ability to prove matters with scientific evidence through collaboration with the Digital Forensics Center
Because revocation of a medical license, which threatens a medical practitioner's professional livelihood, can bring an entire career as a physician to an end, the assistance of a specialized medical law attorney is needed from the initial response.
In connection with a prior notice of revocation of a medical license, suspicion of medical practice during a period of suspension, a request for explanation from the Ministry of Health and Welfare, and the like, rather than responding alone, please prepare supporting materials quickly through a 🔗legal consultation appointment.
See More
Guide to the medical law violation reporting process and how to secure evidence of medical law violation
How to re-issue and re-acquire a medical license when revoked
Administrative notice of amendments to the Enforcement Decree of the Medical Service Act to regulate acts damaging to the dignity of medical professionals
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
