Doctors who performed surgery 589 times on a nurse, sentenced to imprisonment in the appeal court ruling

Busan High Court Ulsan Trial Division Sentences Nursing Assistant to Imprisonment and Fine

Operating room tools
[Provided by Yonhap News TV]

‘(Ulsan=Yonhap News) Reporter Kim Geun-joo = Doctors who delegated surgical tasks to nursing assistants nearly 590 times were sentenced to actual imprisonment and suspended imprisonment on appeal.’

‘Busan High Court Ulsan Trial Division Criminal Division 1 (Judge Ban Byeong-dong) sentenced hospital director A of Ulsan Mo Hospital, who was indicted for violating the Special Measures Act on Health Crimes (illegal medical practitioners), to 2 years and 6 months of imprisonment and a fine of 5 million won on the 13th.’

‘Furthermore, director B and C of the same hospital were sentenced to 2 years and 6 months of imprisonment with a 3-year suspended sentence and a fine of 3 million won, and three other doctors at the hospital were sentenced to 1 year of imprisonment with a 1-year suspended sentence and a fine of 2 million won each.’

‘They were charged with directing nursing assistant D to perform a total of 589 unlicensed medical procedures from December 2014 to May 2018.’

‘While performing surgeries such as cesarean sections, they only sutured the uterus, abdominal walls, and fascia themselves before leaving.’

‘The remaining subcutaneous fat and skin layers were sutured by nursing assistant D.’

‘After performing these unlicensed medical procedures, they fraudulently claimed over 840 million won in medical expenses from the National Health Insurance Corporation, as if the doctors had performed the surgeries themselves.’

‘Following their convictions of actual imprisonment and suspended imprisonment in the first trial, they appealed, arguing that the sentences were too severe.’

‘During the appeal process, A and others requested for consideration of the legislative enactment of the Nursing Act to enhance nursing support (PA) services being provided silently in hospitals.’

‘However, the appellate court did not accept this, stating, “Medical associations oppose the legislative proposal as they believe that nursing support services by nurses infringe upon the inherent duties of doctors, threaten patient safety, and foster illicit medical practices,” and found the defendants’ behaviors truly contrary to ethics.’

‘However, the appellate court did slightly reduce the defendants’ sentences, as some of the delegated surgeries acknowledged in the first trial were not definitively deemed illegal.’

‘Nursing assistant D was sentenced to 2 years and 6 months of imprisonment with a 3-year suspended sentence and a fine of 3 million won in the appeal court.’

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