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Violation of the Medical Service Act
Violation of the Medical Service ActSuspended sentence

[Chuncheon Medical Specialist Attorney Assistance Case] Suspended Sentence for Violation of the Medical Service Act With the Assistance of a Chuncheon Medical Specialist Attorney

The client who came to the medical specialist attorney at the Chuncheon office faced the risk of being punished for an unlicensed medical act, and requested defense against punishment from the Chuncheon medical specialist attorney.

1. How the Client Came to the Chuncheon Medical Specialist Attorney

The client who came to the Chuncheon medical specialist attorney was in a situation of facing punishment for having committed an unlicensed medical act at the proposal of the hospital director while working as an anesthesia nurse.

The Client Who Requested Defense Against Punishment From the Chuncheon Medical Specialist Attorney

The client who requested help from the Chuncheon medical specialist attorney was working as an anesthesia specialist nurse at a hospital.

The co-defendant, who was a specialist physician and the hospital director at the hospital where the client was working, was unable to find an anesthesiology specialist and proposed that the client serve as head of the anesthesiology and pain medicine department.

The client accepted this and performed anesthesia care and spinal anesthesia procedures on dozens of occasions.

However, this is a medical act that only a physician may perform, and a specialist nurse may not independently decide on the medication, dosage, site, and the like and carry out the procedure.

Nevertheless, the client independently decided these matters and then administered medication to patients, unlawfully performing an unlicensed medical act.

Facing the risk of an actual prison sentence for a violation of the Medical Service Act, the client sought to reduce the punishment with the assistance of the Daeryun Law Firm Chuncheon medical specialist attorney.

Laws Related to the Violation of the Medical Service Act Explained by the Chuncheon Medical Specialist Attorney

Unlicensed Medical Act

No person who is not a medical professional may perform a medical act, and a medical professional may not perform a medical act other than the one for which the professional is licensed.

※ However, a person falling under any of the following may perform a medical act within the scope prescribed by Ordinance of the Ministry of Health and Welfare.

1. A person who holds a foreign medical professional license and stays in Korea for a certain period

2. A person who performs a medical act for the purpose of medical volunteer service, research, or a pilot project at a medical college, dental college, college of Korean medicine, professional graduate school of medicine, professional graduate school of dentistry, professional graduate school of Korean medicine, a general hospital, or a foreign medical-aid organization

3. A student at a school majoring in medicine, dentistry, Korean medicine, or nursing

- Medical Service Act Article 27 (Prohibition of Licensed Medical Acts, etc.)

Severity of Punishment for an Unlicensed Medical Act

Imprisonment for not more than 5 years or a fine of not more than 50 million won

2. Assistance Provided by the Chuncheon Medical Specialist Attorney

To reduce the client's punishment, the Chuncheon medical specialist attorney examined the case closely. The attorney emphasized that the client had unavoidably accepted the proposal due to the persuasion of the co-defendant, who was a specialist physician and the hospital director, and argued grounds for a reduction of sentence.

Chuncheon Medical Specialist Attorney, Argued That the Defendant Is Reflecting on the Defendant's Offense

The defendant has now clearly recognized how dangerous and wrong the defendant's conduct was and is deeply regretting it.

The attorney argued that the defendant is sincerely repenting and reflecting and has submitted a letter of reflection.

Chuncheon Medical Attorney, Argued That the Defendant Performed the Procedure Only Reluctantly After Being Persuaded by the Hospital Director

The defendant refused the co-defendant's instruction to administer anesthesia alone.

However, the co-defendant offered reassuring persuasion, stating that anesthesia does not change whether a physician or a nurse administers it, and the defendant argued that she therefore had little choice but to administer the anesthetic medication on her own.

Chuncheon Medical Attorney, Argued That the Defendant's Medical Conduct Caused No Harm

The defense argued that the defendant's unlicensed medical conduct caused no serious harm to the patients.

3. Result of the Chuncheon Medical Attorney's Assistance: a Suspended Sentence

Accepting the arguments of the Daeryun Chuncheon medical attorney, the court ruled, ‘The defendant is sentenced to one year of imprisonment. However, the execution of this sentence is suspended for two years from the date this judgment becomes final.’

The client, who faced an actual prison sentence for violating the Medical Service Act through unlicensed medical conduct, was able to obtain a reduced sentence in the form of a suspended sentence with the assistance of the Daeryun Chuncheon medical attorney.

If You Need Assistance With a Medical Lawsuit

This case involved a client who faced an actual prison sentence for unlicensed medical conduct and obtained a reduced sentence with the assistance of the Daeryun Chuncheon medical attorney.

When you face possible punishment for violating the Medical Service Act in this way, it can be helpful to obtain the assistance of an experienced attorney.

At Daeryun Law Firm, attorneys with extensive knowledge and experience in medical litigation respond to medical disputes through a systematic process.

They stay with the client from the initial consultation through to the conclusion of the case.

If you wish to seek a reduced penalty in a situation similar to the case above, you may entrust your case to a Chuncheon medical attorney at Daeryun Law Firm at any time.

[춘천의료전문변호사 조력 사례] 춘천의료전문변호사조력으로 의료법 위반 집행유예

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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