
Legal Q&A
Q
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I would like to request a medical accident consultation. A patient died due to a medical accident. It seems difficult to avoid responsibility… Even setting aside a civil lawsuit, will I also face criminal punishment? The bereaved family is also very angry… and the hospital told me to take full responsibility. It was absolutely not an accident caused intentionally… I would like to request a medical accident consultation…
medical accident
medical accident consultation
medical criminal case
medical death accident
Answer
Published:
Author : Kuk Il KIM
Hello, this is a response regarding your medical accident consultation.
When a patient dies due to a medical accident, apart from civil liability for damages, one may be subject to criminal punishment.
In particular, where a medical professional fails to exercise the duty of care required in their work and thereby causes death, the 'crime of occupational negligence causing death' may be established.
For this crime, criminal punishment is possible even if the accident was caused by negligence rather than intent.
However, whether criminal liability is established is determined by whether the result was unavoidable given the nature of the medical act and whether the treatment was reasonable in light of the medical standards at the time.
If the hospital is trying to shift full responsibility onto you, an accurate confirmation of the facts and a legal response are all the more necessary.
You must closely review the medical records, the course of the surgery, and the chain of instructions within the hospital to determine whether and to what extent you were at fault, and this affects both the criminal and civil matters.
Since it is important to prove that there was no intent and that it was a legitimate medical act, it is essential to obtain the assistance of an attorney experienced in medical accidents and criminal cases.
You may wish to obtain a medical accident consultation from an experienced attorney as quickly as possible and to establish a specific response strategy.

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Kuk Il KIM
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