Police Decline Negligence Charges in Hospital Death Case Despite Civil Liability Ruling

The Hankyoreh reports on a deeply troubling case where a patient, Mr. Park, died in the isolation room of Haesang Hospital after being trapped between his bed and the wall for four hours. This incident echoes a similar tragedy two years prior, where another patient died under similar circumstances in a psychiatric ward.

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The police decided not to charge the nurse's aide with professional negligence resulting in death, citing insufficient evidence of causation.

Despite a civil court ruling that found the hospital negligent and ordered it to pay 128 million won in damages, the police have opted not to pursue criminal charges against the nurse's aide involved. The police cited insufficient evidence to establish a causal link between the aide's negligence and the patient's death, relying heavily on medical expert opinions and a vague autopsy report stating 'unknown cause of death.'

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The hospital's medical staff's negligence in observing the patient led to his death.

This decision has understandably outraged the victim's family and human rights advocates. They argue that the police's reliance on medical association opinions creates a bias and fails to hold individuals accountable for gross negligence, especially when it involves neglecting a patient in critical condition. The family's legal representative has stated their intention to file an appeal, seeking justice for Mr. Park.

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It is difficult to find evidence that proves the causal relationship between the suspect's negligence and the victim's death.

From a South Korean perspective, this case highlights a persistent issue in our healthcare system: the perceived leniency towards medical institutions and professionals in criminal negligence cases. While civil courts may acknowledge liability, the threshold for criminal charges is significantly higher, often leaving victims and their families without adequate recourse. The Hankyoreh, known for its progressive stance and focus on social justice issues, brings this case to light to question the balance of power between medical authorities and the public, and to advocate for stronger accountability in cases of medical malpractice.

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The structure of relying on the opinions of medical organizations during the investigation process risks undermining the balance of judgment.