Patient groups say criminal charges for fatal medical accidents should not be blocked, violating equality principle
Patient advocacy groups in South Korea have expressed concerns over proposed legislation that would limit prosecutions for medical professionals involved in fatal medical accidents, fearing it might promote negligence towards life.
A bill has been proposed in South Korea aiming to ease criminal penalties for healthcare workers involved in medical accidents, leading patient advocacy groups to voice strong opposition. An Ki-gong, president of the Korean Patient Association, held a press conference in Yeongdeungpo, Seoul, expressing that the limitation on filing charges in cases of fatal medical accidents without significant negligence undermines the fundamental rights of victims, particularly their right to seek judicial recourse. The proposed amendment implies that if full compensation is provided and no grave negligence is found, criminal charges could be barred regardless of the outcome, which critics argue infringes on equality principles.
The legislation, spearheaded by Democratic Party representative Kim Yoon, is intended to protect patient rights while alleviating legal burdens on healthcare providers. However, it has sparked significant debate within the community. Alongside Kim, others have introduced similar bills that seek to relax criminal responsibilities for essential healthcare workers. The Korean Patient Association's discontent primarily focuses on the new rule allowing exceptions for filing charges against medical personnel, raising concerns that it could unjustly favor healthcare professionals over individuals in other high-risk public service roles like firefighters and police.
Moreover, the definition of what constitutes 'essential medical actions' remains contentious among lawmakers, with proposed measures varying based on the criteria for healthcare services that could endanger lives. While some representatives have designated categories for critical healthcare services such as emergency treatments, there remains a need for consensus on the delineation of these terms. The ongoing debate over this legislation underscores a fundamental conflict between the rights of patients and the legal protections afforded to medical personnel, revealing an urgent need for a balance that upholds accountability while ensuring patient safety.