CONTENTS
- 1. Violation of the Medical Service Act, a University Hospital That Refused a Patient Citing the Absence of a Physician
- 2. The Court's Determination on the Administrative Disposition for the Violation of the Medical Service Act
- 3. Violation of the Medical Service Act, Daeryun's Strategy?
1. Violation of the Medical Service Act, a University Hospital That Refused a Patient Citing the Absence of a Physician
This is a case concerning a violation of the Medical Service Act.
Daegu Catholic University Hospital lost the lawsuit it had filed contesting the corrective order issued by the Minister of Health and Welfare.
This past March, in the Daegu area, a young woman, A, who fell from the height of a four-story building and sustained serious injuries to her head and ankle, was refused acceptance by four nearby hospitals, including Daegu Catholic University Hospital, and died without receiving emergency first aid or treatment.
At the time, the emergency rescue team that had rescued A telephoned Daegu Catholic University Hospital to inquire about treatment.
This was because two other hospitals that had previously received the patient had recommended transferring her to a university hospital.
However, the emergency medical center of Daegu Catholic University Hospital responded that "there is no medical staff available."
Daegu Catholic University Hospital had been designated as a regional emergency medical center under Article 39 of the Emergency Medical Service Act and was carrying out emergency patient treatment and related duties.
In the end, the patient died inside the ambulance while being transferred in search of another hospital.
From 2:14 p.m., when the rescue team found the patient, she received no treatment or first aid for approximately two hours.
The Ministry of Health and Welfare subsequently conducted an on-site investigation, together with the Daegu Metropolitan Government and the National Fire Agency, of the medical institutions that had requested the transfer, the rescue team, and the 119 situation management center, and last year it notified the director of Daegu Catholic University Hospital of an administrative disposition of "negative" performance of duties as an emergency medical institution. As a result, Daegu Catholic University Hospital received a disposition suspending financial support, including the suspension of subsidy payments, for six months.
In response, Daegu Catholic University Hospital filed this lawsuit, stating that it had merely informed the rescue team that all neurosurgery specialists were absent and that it had never refused or avoided providing emergency medical care.
2. The Court's Determination on the Administrative Disposition for the Violation of the Medical Service Act
Regarding the administrative disposition for the violation of the Medical Service Act, the Seoul Administrative Court rendered a judgment holding that the corrective order disposition issued by the government was justified.
The court determined that, because the hospital had not provided even a basic examination to a person who requested emergency medical care or to a patient suspected of being an emergency patient, this constituted a refusal of or failure to provide emergency medical care.
The court further stated that this could not be regarded as a mere notification concerning the hospital's capacity to accept emergency patients, and it determined that the hospital had refused emergency medical care without justifiable grounds, thereby dismissing the plaintiff's claim.
The court stated that the Ministry's disposition was premised on the fact that the hospital had not even taken measures to determine the necessity of emergency medical care and whether the person was an emergency patient.
In addition, in response to the plaintiff's argument that treatment had been practically impossible because the hospital had no neurosurgery specialist, the court stated, "The emergency room of the hospital had sufficient capacity in terms of facilities and personnel, so it was possible to accept this patient. Therefore, refusing acceptance itself from the outset solely on the ground that the specialist was absent constitutes a breach of duty."
3. Violation of the Medical Service Act, Daeryun's Strategy?
This matter is a case in which the university hospital, which had filed a lawsuit contesting an administrative disposition for a violation of the Emergency Medical Service Act, had its claim dismissed.
At present, Daegu Catholic University Hospital has declined to accept the court's judgment and has decided to appeal.
Under the Emergency Medical Service Act, when the head of an emergency medical institution is asked to confirm its capacity to accept emergency patients, the institution may not refuse or avoid providing emergency medical care without justifiable grounds.
A lawsuit concerning a violation of the Medical Service Act by an upper-level hospital such as this involves a more demanding burden of proof than an ordinary medical lawsuit, so it is important to review the facts again through interpretation of the Emergency Medical Service Act and consideration of negligence, secure evidence, and proceed accordingly.
At Daeryun Law Firm LLP, the Medical and Pharmaceutical Group, which includes attorneys who hold pharmacist or Korean-medicine-doctor licenses and attorneys who have served as members of the Korea Medical Dispute Mediation and Arbitration Agency, responds to lawsuits across all areas of the medical field, including violations of the Medical Service Act. 🔗Attorneys Handling Medical Matters
