J Korean Med Assoc.  2019 Sep;62(9):468-470. 10.5124/jkma.2019.62.9.468.

Criminalization of medical error and medical regulatory authority

Affiliations
  • 1Research Institute for Healthcare Policy, Korea Medical Association, Seoul, Korea. dsahn@korea.ac.kr

Abstract

This study aimed to suggest the justification for a self-regulatory body for medical licenses in Korea by reviewing recent cases of physician arrests for medical accidents in Korea. A number of recent cases of medical mistakes have been criminalized by courts in Korea, leading to widespread concern and fear throughout the healthcare community. Without a profession-led self-regulation system ever having been introduced in Korea, there is no alternative method for disciplining doctors other than through criminal tort law. It is expected that the volume of malpractice lawsuits will increase rapidly in Korea as the government ambitiously expands its plans for universal health coverage. Instead of facing criminal charges, however, doctors must put forth an effort to introduce a contemporary form of medical regulation, with more advanced disciplinary measures against substandard practice. The Korean Medical Association has undertaken the challenging mandate of establishing a new professional regulatory body to provide a tribunal and disciplinary system for the medical profession. It has proven difficult to persuade doctors of its purpose and value, as the majority do not yet fully grasp the very foreign concept of self-regulation. Moving forward, however, it will eventually become the responsibility of doctors to persuade society, lawmakers, government, and patient interest groups of the necessity and viability of self-regulation, which may also prove challenging. Despite these predictable challenges, it is imperative that Korean doctors solve the issue of creating a new, modern regulatory body capable of effective self-regulation and acceptable disciplinary measures, within the near future.

Keyword

Medical error; Self-regulation; Disciplinary measure; Regulatory body

MeSH Terms

Criminals
Delivery of Health Care
Hand Strength
Humans
Jurisprudence
Korea
Liability, Legal
Licensure
Malpractice
Medical Errors*
Methods
Public Opinion
Self-Control

Reference

1. Doctors call for new law for medical dispute: criminal charges against doctor can change the clinical culture. SBS CNBC;2018. 11. 13. cited 2019 Agu 5. Available from: https://cnbc.sbs.co.kr/article/10000920947?division=NAVER.
2. Kim SM. Angry OBGY doctors' rally. DailtMedi;2017. 05. 01. cited 2019 Agu 5. Available from: https://www.dailymedi.com/detail.php?number=818270.
3. McDonald F. The criminalisation of medical mistakes in Canada: a review. Health Law J. 2008; 16:1–25.
4. Samanta A, Samanta J. Legal standard of care: a shift from the traditional Bolam test. Clin Med (Lond). 2003; 3:443–446.
Article
5. Mulheron R. Trumping Bolam: a critical legal analysis of Bolitho's “gloss”. Cambridge Law J. 2010; 69:609–638.
6. Second round table policy debate on medical licensure regulation. Medical News;2019. 06. 14. cited 2019 Agu 5. Available from: http://www.mdon.co.kr/news/article.html?no=21807.
7. Heo Y. Establishing a basis for self-regulation: revision of Medical Law. J Korean Med Assoc. 2016; 59:612–621.
Article
8. Ahn D. Collective professionalism and self-regulation. J Korean Med Assoc. 2016; 59:569–571.
Article
9. Ahn D. Why now 2019 to set independent medical regulatory authority and self regulation? Healthc Policy Forum. 2019; 16:3–7.
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