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Q

I am requesting help from a medical attorney. I was assaulted by a patient.

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I am requesting help from a medical attorney. I am a doctor, and I was recently assaulted by a patient under my care. As the patient was throwing things, I tried to stop him, and I was struck in the face several times with a fist. My colleagues tell me to file a complaint. I would like to ask whether I may file a complaint, and also whether I can file a complaint under the Medical Service Act in addition to the Criminal Act.

assault on a medical practitioner

assault on a doctor

assault on a nurse

medical attorney

A

Answer to Related Inquiry

Hello. A medical attorney will respond.

When a person is assaulted by a patient at a medical site, a criminal complaint is possible under the Criminal Act for the 'crime of assault' and the 'crime of infliction of bodily injury.'

If the patient repeatedly threatens or inflicts injury, a more severe punishment is also possible.

A complaint is fully possible, and it is important to submit evidence together, such as a statement of damage, a medical certificate, on-site CCTV footage, and witness statements.

The Medical Service Act provides that no one may interfere with the medical practice of a medical practitioner.

At a place where medical practice is performed, assaulting or threatening a medical practitioner, a nursing assistant, a medical technician, or a person receiving medical practice is subject to severe punishment.

In addition, destroying or damaging the facilities, equipment, or medicines of a medical institution, or occupying it to interfere with medical treatment, is also subject to punishment.

When a medical practitioner is assaulted and thereby suffers injury, imprisonment for not more than 7 years or a fine of not less than 10 million won and not more than 70 million won may be imposed.

If emergency medical services were interfered with through assault or the like, imprisonment for not more than 5 years or a fine of not more than 50 million won may be imposed under the Emergency Medical Service Act.

For reasons of occupational particularity and the prevention of reoffending, I recommend that you review a legal response by all means. Assault on a medical practitioner is not a mere private dispute but a serious crime that harms the order of public medical care.

I recommend that you promptly prepare the criminal complaint procedure with the assistance of a medical attorney.

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