CONTENTS
- 1. Violation of the Medical Service Act, What Were the Detailed Circumstances?
- - Violation of the Medical Service Act, What Are the Relevant Statutes?
- 2. Violation of the Medical Service Act, What Was the Court's Determination?
- - Violation of the Medical Service Act, What Is a PA?
- 3. Violation of the Medical Service Act, Daeryun's Strategy
1. Violation of the Medical Service Act, What Were the Detailed Circumstances?
The circumstances of the case in which the violation of the Medical Service Act was alleged are as follows.
A, a nursing assistant working at OO Hospital, performed the role of assisting in surgeries.
The hospital director and the other doctors at this hospital entrusted the final suturing of surgeries to A.
After the doctors completed each surgery, A handled the skin suturing, and other nurses assisted with it.
In this manner, A took part in a total of 589 procedures over about four years, including cesarean sections, urinary incontinence surgeries, gynecological cosmetic surgeries (such as labiaplasty), and laparoscopic surgeries. In particular, A at times handled some surgeries, such as the gynecological cosmetic surgeries, entirely on her own.
OO Hospital concealed this unlicensed medical practice and, presenting it as though the doctors had personally performed the surgeries to the end, claimed and received approximately 840 million won in medical care benefits from the National Health Insurance Service.
Violation of the Medical Service Act, What Are the Relevant Statutes?
Under the Medical Service Act, no person who is not a medical practitioner may engage in medical practice, and even a medical practitioner may not engage in medical practice outside the field for which the practitioner is licensed.
Here, a medical practitioner means a person who has obtained a license from the Minister of Health and Welfare, and includes doctors, dentists, oriental medical doctors, midwives, and nurses.
🔗Unlicensed medical practice can readily lead to a medical accident, and it is therefore subject to heavy punishment.
■ Criminal Punishment for Unlicensed Medical Practice
A person who is caught engaging in unlicensed medical practice is subject to imprisonment for not more than five years or a fine not exceeding 50 million won.
■ Administrative Disposition for Unlicensed Medical Practice
If a medical practitioner is caught engaging in medical practice outside the scope of the practitioner's license, the practitioner is subject to a three-month suspension of the medical license.
Separately from this, a three-month suspension of operations may also be imposed on the medical institution, and
if unlicensed medical practice is found and an actual custodial sentence or a suspended sentence (a suspended sentence under Korean law, broadly comparable to a suspended sentence or probation in common-law systems, under which the conviction loses its effect once the suspension period passes without incident) is imposed as criminal punishment, the medical license may be revoked.
2. Violation of the Medical Service Act, What Was the Court's Determination?
The court that tried the doctors indicted on charges of violating the Medical Service Act sentenced the director of OO Hospital to two years and six months' imprisonment and a fine of 5 million won. The court sentenced the other directors at the same hospital to two years and six months' imprisonment, suspended for three years, and a fine of 3 million won, and it sentenced three doctors at the hospital to one year's imprisonment, suspended for one year, and a fine of 2 million won.
A, the nursing assistant, was also sentenced to two years and six months' imprisonment, suspended for three years, and a fine of 3 million won.
Violation of the Medical Service Act, What Is a PA?
Recently, an enactment of the Nursing Act was passed, the core of which is to formalize the medical care support (PA) work performed by nurses that had been carried out informally at hospitals.
The defendants relied on this point to argue for a reduction of their sentences.
The court, however, did not accept this, stating that "physicians' organizations oppose nurses' medical care support activities on the ground that such activities infringe on doctors' inherent duties, thereby threatening patient safety and legitimizing unlawful medical practice," and that this "is self-contradictory with the conduct of the defendants, who are themselves doctors."
3. Violation of the Medical Service Act, Daeryun's Strategy
We analyzed the District Court's judgment imposing an actual custodial sentence on a hospital director who, in a matter involving violation of the Medical Service Act, induced unlicensed medical practice.
Because medical practitioners perform important work involving human life, they may be subject to severe punishment if they engage in medical practice that is not permitted.
If a person receives a severe criminal punishment, such as an actual custodial sentence or a suspended sentence, for violating the Medical Service Act, that person may face not only suspension of the doctor's qualification and suspension of operations, but also revocation of the doctor's license altogether.
Accordingly, if you have violated the Medical Service Act through unlicensed medical practice, you are welcome to resolve the matter with the assistance of a 🔗medical attorney who has legal knowledge of medical litigation and substantial experience.
At the 🔗Medical Litigation Group of Daeryun Law Firm LLP, attorneys experienced in medical litigation will provide assistance to protect the rights and interests of our clients.
