J Korean Soc Emerg Med.  2023 Dec;34(6):558-567.

Trends of criminal responsibility in emergency care

• Woo H
• Lim J
• Kim HJ
• Chung JH

Abstract

Objective
Criminal proceedings of medical accidents are increasing gradually, and convictions are also on the rise. This study examined the precedents to determine how to prevent medical lawsuits from the perspective of criminal law.
Methods
This study collected the criminal precedents of emergency treatment from January 2012 to December 2021. The emergency care in the Integrated Search and Access Service for Judgement was searched online.
Results
In 2,371 cases, 22 precedents of professional negligence resulting in death or injury were extracted. These 22 cases were analyzed to understand the legal perspective of the judgment. Of those 22 cases, there were convictions in 10 cases of criminal precedents of emergency treatment and 12 acquittals within the last 10 years. There were four cases where the accused were guilty in the first trial but acquitted in the second. On the other hand, there was one case in which the accused was acquitted in the first trial but convicted in the second.
Conclusion
Having basic legal knowledge and concepts to prevent medical accidents is helpful. In an inevitable medical accident, it is necessary to actively deal with it from the beginning to prevent significant damage. In addition, it is important to review recent medical trials and to update procedures where possible.

Keyword

Legal case; Accident prevention; Emergency medicine