Hospitals liable for deaths caused by emergency patient refusal: Court

A recent court ruling has sent a strong message to the medical community in South Korea: patient abandonment in emergencies will not be tolerated. The Busan District Court's Western Branch found two hospitals liable for the death of a 4-year-old boy, who was denied admission despite being in critical condition post-surgery and en route via ambulance. The court ordered the hospitals to pay 400 million KRW (approximately 70% of the claim) to the boy's family, establishing a precedent for accountability in such cases.

The tragic incident occurred when the child, after a tonsillectomy, experienced complications and was transferred by ambulance. Both the hospital where he had surgery and a secondary hospital refused to admit him without valid reason, despite the child receiving CPR. This 'patient dumping' or 'hospital shopping' phenomenon, where emergency patients are shuttled between facilities, has been a persistent concern in South Korea's healthcare system. The court's decision directly addresses this issue, emphasizing the legal and ethical obligations of medical institutions to provide care.

This ruling is particularly significant as it acknowledges the collective failure of the healthcare system to protect a vulnerable patient. The court recognized the joint illegal actions of the university hospital, which refused admission, and the secondary hospital, which failed to provide emergency treatment while the patient was in their care. The prosecution had previously indicted the university hospital and several doctors for violating emergency medical laws. The verdict serves as a stark reminder of the critical importance of timely and appropriate medical intervention, especially for children, and underscores the public's expectation that hospitals will act responsibly in life-or-death situations.

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We acknowledge the joint illegal actions of the tertiary general hospital that refused to admit an emergency patient being transported by ambulance after undergoing a tonsillectomy and receiving cardiopulmonary resuscitation, and the secondary hospital that did not provide emergency treatment in a state of unregistered proxy duty.