

Q
If medical dispute mediation is established, is criminal complaint difficult?
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medical dispute mediation
Answer to Related Inquiry
Author: 김국일
If medical dispute mediation is established, the criminal punishment exception for medical personnel applies, and some criminal complaints such as professional negligence resulting in injury are restricted.
That is, if medical dispute mediation is established, prosecution cannot be filed against the explicit will of the victim, so it is difficult to proceed with a criminal complaint again for the same medical accident.
However, if the medical personnel has committed clear illegal acts such as preparing false medical certificates, using forged private documents, breach of professional confidentiality, or fraud, criminal complaint or accusation is separately possible regardless of the establishment of mediation.
Also, if the injury is severe and threatens life, or leads to disability or incurable/intractable disease, the criminal punishment exception does not apply, and accusation is possible.
In conclusion, in the case of a medical dispute where mediation has been established for a general medical accident, criminal complaint is restricted, but in the case of illegal acts or severe damage, accusation is still possible.
To accurately confirm legal rights and procedures related to medical dispute mediation, it is good to consult with a medical specialized attorney.
For details, please confirm through consultation with a medical specialized attorney.

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