Criminal penalties for ER residents could further weaken essential care

Two resident physicians in emergency medicine were recently given suspended prison sentences after failing to promptly diagnose an ischemic stroke in a patient who arrived at an emergency room intoxicated. The patient was left with permanent disabilities, and the suffering endured by the family must have been immense. Determining whether medical negligence occurred is therefore entirely justified. Yet the case also raises a broader question that society must confront together: To what extent should criminal liability be imposed on medical judgment made in emergency settings? Excessive criminal punishment could ultimately weaken the emergency medical system itself.

At the time of the 2018 incident, the patient complained of vomiting and dizziness after heavy drinking. Medical staff conducted blood tests and a brain CT scan before discharging him. His condition later deteriorated, and he was eventually diagnosed with a cerebral infarction that left lasting aftereffects. In a 2021 civil suit, the hospital was found 70 percent liable and ordered to pay 290 million won ($194,700) in damages. Criminal prosecution followed. The court ruled that the medical staff had failed to follow standard treatment procedures and also took issue with portions of the medical records being added afterward. At the same time, the court acknowledged that the patient had not been abandoned and that accurate communication may not have occurred amid urgent circumstances.

The court’s judgment deserves respect. But the broader impact such rulings may have on essential medical fields cannot be ignored. Emergency medicine already suffers from a shortage of applicants, and hospitals and physicians may increasingly resort to defensive practices — ordering costly MRI scans or requiring hospital observation — simply to avoid legal liability. Of course, clear negligence or gross misconduct must be held accountable. But if criminal responsibility is expanded too broadly without regard for the realities of high-pressure emergency settings, emergency care itself could suffer.

Last month, the National Assembly passed a revision aimed at reducing the criminal liability burden on medical professionals in essential care cases when there is no gross negligence or intentional wrongdoing. What matters now is ensuring that the system works effectively in practice. Compensation for patient harm and stronger medical safety standards must be robustly guaranteed. At the same time, medical professionals must not be driven to avoid treatment or practice defensive medicine out of fear of criminal prosecution. Only then can the public be assured of receiving proper emergency treatment when every second counts.