By Lee Kyung-min
A group of lawmakers has submitted a bill to the National Assembly mandating that all hospitals set up cameras in operating theaters to record all surgical procedures in an effort to reduce or prevent instances of medical malpractice.
Under the bill, introduced Jan. 8 by Rep. Choi Dong-ic of the main opposition New Politics Alliance for Democracy (NPAD) and six other lawmakers, hospitals must record operations with patients’ consent, and must honor their requests for recording.
The move reflects rising public concern about medical malpractice. Recently, a plastic surgery clinic in Seoul came under fire after photos surfaced of the medical staff enjoying a birthday party in the operating room with an unconscious patient lying right beside them.
On Dec. 19, a female college student, surnamed Jung, 21, died two hours after facial bone contouring surgery at a plastic surgery clinic in southern Seoul.
On Dec. 2, a man in his 30s died four days after undergoing similar surgery in Busan. A teenager who underwent cosmetic surgery for his eyes and nose fell into a coma and has yet to regain consciousness.
According to the Korea Consumer Agency (KCA) and the Korea Medical Dispute Mediation and Arbitration Agency (KMDMA), such “accidents” soared to 3,618 in 2010, up more than twofold compared with 1,674 in 2000.
Absent professional medical knowledge, such patients saddled with the burden of proof in any malpractice claim often feel helpless, and feel like they are “left with almost no choice,” according to a KCA official.
“Other than the medical records, or logs, kept by the hospital staff, no other evidence can be secured even if the patients try. That is why they turn to us and the KMDMA. The patients, more likely than not, do not have the ability to discern what will work as evidence that could ultimately serve as grounds for negligence,” said the official.
By setting up surveillance cameras, patients are at least guaranteed the ability to identify who performed surgery on them, he added.
“There were some reported cases where instead of a plastic surgeon, an anesthesiologist performed surgery. At least such practices can be avoided,” he said.
In response, the Korean Society for Aesthetic Plastic Surgery (KSAPS), which represents some 2,000 plastic surgeons nationwide, protested the bill, saying it would “infringe upon doctors’ rights.”
As for malpractice resolutions, a KMDMA official said any alleged medical malpractice complaints filed with them will be resolved within 90 days. First, a five-member team, including doctors and civic group members, determine whether any malpractice was committed. Then the report is referred to another five-member team of lawyers to reach mediation between the alleged victim and the hospital.