Case Defending Against a Report of a Medical Service Act Violation | Suspension of Sentencing for a Nurse Reported for a Medical Service Act Violation

On the day of the incident, the client was working at the hospital together with the staff.

Afterward, a child who needed an X-ray came in, but because the waiting time grew long, the guardian began to raise complaints.

Judging that she had to handle the work quickly amid the busy situation, the client came to take the X-ray.

One of the staff members who observed this, however, secretly recorded a video and proceeded to file a report of a violation of the Medical Service Act.

The client, stating that “I took the X-ray because there were numerous complaints about the delay in the work,” feared that she would be punished and dismissed from the hospital, and she requested the assistance of a criminal defense attorney in responding to the report of the Medical Service Act violation.

Under the provisions of the Medical Service Act, there is room to perform such tasks if they are carried out under the direction or supervision of a physician.

In fact, a court recently ruled as follows in a case similar to this one.

Seoul Administrative Court, Judgment of December 19, 2024, Case No. 2024Guhap60794

Accordingly, the court found that a nursing assistant may likewise perform the duties of a medical technician and the like under the direction or supervision of a physician.

The criminal defense attorney emphasized that taking an X-ray is a task that can be performed with only basic knowledge, and argued that there is room to perform such a task when the direction or supervision of a physician is present.

While treatment was underway within the clinic, the client, taking into account that the physician was busy, on the client's own initiative took the patient's guardian to the X-ray room and conducted the imaging in the prescribed manner.

Afterward, an analysis of the in-clinic CCTV footage that was obtained indicated that the physician had also reviewed the X-ray taken by the client and used it directly in the patient's treatment.

On this basis, the criminal defense attorney emphasized that the client's conduct could be regarded as having taken place within the physician's area of management and that it was, as a result, carried out under the physician's direction.

The criminal defense attorney secured sentencing materials so that the client could receive leniency in this case.

The client has no prior criminal record, actively cooperated during the investigation, and showed a sincere attitude of remorse.

Accordingly, the attorney submitted the following materials so that they could be reflected in sentencing.

The representative types of unlicensed medical practice are as follows.

Each type involves a person without a license performing a medical act, or conduct that exceeds the scope of a license.

Therefore, if a person is the subject of a report for a Medical Service Act violation involving unlicensed medical practice, a response strategy should be prepared promptly.

At Daeryun LLC, attorneys with extensive expertise in medical cases carefully review whether unlicensed medical practice occurred and examine the related evidence from the early stage of the case.

Where necessary, they obtain and analyze materials such as CCTV footage, medical records, and witness statements in order to establish whether the client acted with intent.

In addition, through the preparation of sentencing materials and the development of a legal argument strategy, they work to minimize criminal punishment and to maximize the possibility of leniency.

If you have been the subject of a report for a Medical Service Act violation in a situation such as the above, please promptly request assistance through the 🔗legal consultation booking service.