Assistance by an Attorney Specializing in Medical Litigation | A Medical Litigation Attorney Who Obtained a Suspended Sentence for a Charge of Violation of the Medical Service Act

The client who needed the help of a medical litigation attorney.

The client came to the medical litigation attorney while under suspicion of a Violation of the Medical Service Act, with the prosecutors' indictment already completed and a medical trial imminent.

The detailed circumstances are as follows.

The client was the director of a hospital and a specialist in orthopedic surgery.

Among the surgeries the client performed, there were some that required spinal anesthesia, and spinal anesthesia was a medical procedure that only an anesthesiology specialist could perform.

The client had tried for a long time to hire an anesthesiology specialist but was unable to find one.

Accordingly, the client proposed to hire an employee who was a nurse anesthetist assisting with anesthesia as the head of the anesthesiology department and to have that person take charge of spinal anesthesia.

Spinal anesthesia was an act that a nurse anesthetist could not perform independently, and the client's act of having someone perform a medical procedure beyond what was licensed constituted a Violation of the Medical Service Act.

The nurse consented to this, and the Violation of the Medical Service Act continued for about one year.

In addition, in order to conceal the violation, the client also committed a Violation of the Medical Service Act by recording in the signature column of the anesthesia records as if an anesthesiology specialist, rather than the nurse, had personally administered the spinal anesthesia.

These acts were soon detected, and the client was facing a medical trial on suspicion of a Violation of the Medical Service Act and was at risk of being punished.

Accordingly, in order to avoid at least a heavy actual sentence, the client came to a medical litigation attorney with abundant experience in Violation of the Medical Service Act cases.

First, the medical litigation attorney of this firm established a defense strategy for the case together with a medical litigation expert with abundant experience in cases similar to the client's.

The client, who had committed various acts in Violation of the Medical Service Act, was in a situation where an actual sentence such as imprisonment with labor could be imposed.

Taking this into account, the attorney sought a strategy to defend against the punishment as much as possible.

The court that heard the medical litigation accepted all of the medical litigation attorney's pleadings and imposed a suspended sentence on the client.

In response, the client expressed gratitude, stating that he had been able to escape the risk of a heavy punishment.

However, an important point is the fact that this case predates the amendment of the Medical Service Act.

At present, if a medical person receives a sentence of imprisonment without labor or heavier, including a suspended sentence or suspension of sentencing, it constitutes grounds for license revocation.

Therefore, if you wish to protect your medical license and to conclude the matter swiftly before medical litigation proceeds, it is important to receive the assistance of a medical attorney.

If you are concerned about a heavy punishment in a situation similar to that of the client in this Violation of the Medical Service Act case, please come to the medical litigation attorney of Daeryun Law Firm, and we will consult with you sincerely and accompany you throughout the entire medical litigation process.