After receiving the implant, insurance pays for ‘jaw bone transplant’… Dentist accused of fraud 'not guilty'

Accused of issuing a false medical certificate even though there was no ‘alveolar bone grafting’
Law "The characteristics of treatment within the hospital must be taken into consideration... It cannot be ruled out that it is an auxiliary material."

A dentist who was put on trial on charges of aiding and abetting insurance money fraud by issuing false medical certificates during implant surgery was found not guilty in the first trial.

In November last year, the Ulsan District Court acquitted dentist A, who was indicted on charges of violating the Special Act on Prevention of Insurance Fraud and writing a false medical certificate.

Mr. A is accused of helping seven patients swindle insurance money worth 13.8 million won from insurance companies by issuing false medical certificates to patients as if they had also undergone alveolar bone grafting, even though he only performed implant surgery.

The prosecution determined that the actual transplant surgery did not take place because the bone graft product sticker attached to the confiscated medical records had already been used on another patient or had expired.

Mr. A completely denied the charges. It is claimed that the error in the medical records was just an administrative error and that the actual surgery was carried out normally.

Mr. A countered, saying, “The implant used in the hospital is a ‘wedge-shaped’ product, not a typical screw-type product,” and added, “This method necessarily involves a bone grafting process to fill the gap by collecting autogenous alveolar bone generated during the implant placement process.”

The court ruled in Mr. A’s favor. The court explained, “The fact that duplicate or expired implant material stickers were attached to the medical record raises suspicion, but the possibility that this is an auxiliary material cannot be ruled out.”

“The ‘wedge-shaped implant’ performed at the hospital requires two surgeries to cover the gums,” the ruling said. “Because the gap around the implant must be filled with autologous bone naturally harvested during drilling during this process, it is highly likely that an actual bone graft surgery was performed.”

Attorney Shin Min-soo of Daeryun Law Firm, who represented Mr. A, said, "Unlike general implant surgery, it was effective to explain in detail to the court the medical mechanism of the special method used by our client. Although there may have been administrative deficiencies, we were able to get rid of the unfair charges by proving that the documents were not intentionally manipulated for insurance money."
 

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I received an implant and received insurance money for 'jaw bone transplant'... Dentist accused of fraud 'not guilty'
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