Medical Advisory | A Case of Advising a Medical Practitioner at Risk of License Revocation and Defending Against the Revocation

This is the account of a client who requested medical advisory.

The client, who was working as a specialist at a well-known domestic orthopedic clinic, received a suspension of qualification disposition as a result of a series of events, and at the time was excluded from medical treatment work.

During that period, however, prescriptions were automatically issued in the client's name within the computer system, and some were even actually dispensed at pharmacies.

The client had never personally provided treatment for or signed those prescriptions, and the treatment was being handled exclusively by another physician on duty.

Based on this, the Ministry of Health and Welfare determined that the client had engaged in medical treatment during the suspension of qualification period and gave advance notice of a disposition revoking the medical license.

Stating that he felt deeply aggrieved, the client sought out a medical law attorney who had handled numerous medical-related cases to defend against the administrative disposition of license revocation, and requested assistance from Daeryun.

At Daeryun, an attorney who had handled numerous cases relating to the Medical Service Act took on the advisory for the client's case.

From the early stage of the case, Daeryun's medical law attorney organized the facts and, on the premise of the absence of intent or negligence on the part of the medical practitioner, established a clear strategy of proof and submitted explanatory materials to the administrative agency.

The medical advisory attorney collaborated with the firm’s digital forensics center to collect evidence to deny the charges against the client, who faced the risk of license revocation.

First, the medical attorney reviewed all treatment records related to the prescriptions issued under the client’s name.

The review found that all of the patients in question had been continuously treated by a fellow doctor, and the actual treatment records contained no signature or opinion of the client at all.

The medical advisory attorney decided to respond to the administrative disposition by collecting evidence to prove that this was a problem in the administrative system and that the client was not at the hospital at the relevant time.

As a result of the medical advisory, the client was able to safely keep his medical license.

This case is one in which the defense logic was completed by combining precise interpretation of the medical records with analysis based on digital forensics.

Revocation of a medical practitioner's license is a serious matter that goes beyond a mere sanction and can mean losing a lifelong occupation and career.

In particular, where systemic problems such as the automatic-entry structure of the hospital computer system or internal administrative errors are involved, the key is to prove the absence of intent and negligence and to clarify where responsibility lies.

Even a computer record showing that a prescription was issued under a medical practitioner's name may be regarded as a substantive medical act, so a meticulous rebuttal logic must be constructed by combining computer logs, medical records, revenue records, forensic analysis results, and the like.

At Daeryun Law Firm, medical law attorneys collaborate with the digital forensics center to carry out scientific data analysis and technical proof on a one-stop basis.

If you are facing difficulties due to a medical administrative disposition or a dispute related to the Medical Service Act, please contact the medical advisory attorneys of Daeryun, Korea's ninth-ranked law firm (based on 2025 value-added tax filings with the National Tax Service), at any time.