J Korean Med Assoc.  2013 Aug;56(8):655-664. 10.5124/jkma.2013.56.8.655.

Criminal liability of medical professionals

• Lee KH
• Choi P

• KMID: 1847867
• DOI: http://doi.org/10.5124/jkma.2013.56.8.655

Abstract

The Medical Service Act and many other laws regulate the actions of medical professionals. Receiving rebates from pharmaceutical companies has been criticized as unethical but not punished until 2011. However, it is now strongly forbidden. Unlicensed acts of medical care, which include providing medical care beyond the scope of the license or giving directions to an unlicensed person to practice medical care, are strictly punished even in the case of licensed medical professionals. It recently became an issue whether a doctor who wrote prescriptions to patients after examining them over the telephone violated the Medical Service Act. In addition, it is necessary to pay special attention to the administration of propofol since it recently became a major controversy. Furthermore, public health doctors are legally forbidden to work outside of a public health institution. The number of regulations on the medical industry is increasing every day. New laws usually toughen up punishment for those violating regulations. There is a legal maxim that says, "Ignorance of law excuses no one." Therefore, it is necessary for medical professionals to steadily study and become familiar with applicable laws and related criminal cases to prevent themselves from becoming criminally liable.

Keyword

Face-to-face treatment; Rebate; Unlicensed acts of medical care; Propofol; Public health doctor

MeSH Terms

Criminals
Humans
Jurisprudence
Licensure
Prescriptions
Propofol
Public Health
Punishment
Social Control, Formal
Telephone
Propofol

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