"The risk that medical professionals fear most is not civil damages but criminal liability."
Park Eun-su, head of the Korea Medical Dispute Mediation and Arbitration Agency, on the 12th pointed to the "excessive involvement of criminal procedures" as the core problem in how Korea handles medical accidents during a work briefing of public agencies under the Ministry of Health and Welfare. The practice of filing criminal complaints first, regardless of the outcome, when a medical accident occurs is fueling the collapse of essential medical services, critics say.
Park said, "About 800 cases related to medical accidents entered criminal procedures last year, but only 20 to 30 cases actually end in convictions in court," adding, "Most end in acquittals or nonindictments, but the process itself is an unbearable burden for medical professionals."
Park saw years-long investigations and trials, repeated summonses, and appraisal procedures as factors driving medical professionals away from the field. Park said, "There are not a few cases where criminal complaints are used like a tool in damage-compensation negotiations," and asked, "Who would want to stay on the front lines of essential care in this structure?"
Park stressed that Korea's criminalization structure for medical accidents is exceptional internationally. He said, "Overseas, medical accidents are mainly handled in the realm of civil compensation or administrative responsibility, and criminal punishment is limited to cases where intent or gross negligence is clear," adding, "There are few countries where, like ours, medical negligence broadly leads to criminal procedures."
With this concern in mind, opinions are emerging within the agency that it is necessary to review ways to ease criminal liability for medical accidents. Park drew a line, however, saying, "The goal is not to abolish criminal liability," and added, "The premise is that the state takes responsibility for civil damages through insurance so that patients do not suffer disadvantages in the compensation process."
As an alternative, he cited Taiwan's example. Taiwan requires medical institutions, when a medical accident occurs, to explain to the patient the cause of the accident, the response process, and measures to prevent recurrence. Park said, "It's a structure focused more on explanation, mediation, and compensation than punishment," and assessed, "A system in which medical institutions explain responsibly helps build patient trust."
Park acknowledged, however, that a social debate on easing criminal liability for medical professionals will not be easy. That is because patient groups and civil society worry it could weaken patient rights. He said, "The goal is not immunity from criminal liability; the discussion should move toward reducing ineffective procedures and making patient protection substantive."