If medical dispute conciliation is established, is a criminal accusation difficult?

Where medical dispute conciliation is established, the special provisions on criminal punishment for medical practitioners apply, so certain criminal accusations, such as the offense of occupational negligence causing injury, are limited.

That is, once medical dispute conciliation is established, public prosecution cannot be instituted against the explicit will of the victim, so it is difficult to proceed again with a criminal accusation regarding the same medical accident.

However, where a medical practitioner commits a clear unlawful act, such as preparing a false medical certificate, uttering a forged private document, disclosing secrets obtained in the course of duties, or fraud, a criminal complaint or accusation is separately possible regardless of whether the conciliation is established.

In addition, where the injury is serious and poses a threat to life or leads to disability or an incurable or intractable disease, the special provisions on criminal punishment do not apply, so an accusation is possible.

Overall, in the case of a medical dispute in which conciliation has been established for an ordinary medical accident, a criminal accusation is limited, but where there is an unlawful act or serious harm, an accusation is still possible.

To accurately confirm the legal rights and procedures related to medical dispute conciliation, it is advisable to proceed with a consultation with a medical attorney.

For detailed matters, you may wish to confirm through a consultation with a medical attorney.