Lawyer, I also had surgery at that hospital two years ago, and my back pain got worse.

Can I file a lawsuit against the hospital?


These calls come to me frequently after the media reports revealed in May that non-medical staff in charge of administration at a spine hospital in Incheon performed back surgery instead of doctors.

This is because I am in charge of the 'non-real name representative' of the informant who reported the video of the surrogate surgery to the investigative agency in the public interest and reported it to the media.



If you have read the media reports that the administrative staff, not the doctors, performed the back surgery at the hospital where you were operated on, it is likely that even a healthy person would have had a back pain that was fine after the operation.

However, if you were suffering from after-effects after surgery at the hospital, how would you feel?

I'm thinking of the people who call me and I'm working hard to give free consultations, but I'm also frustrated because I don't have an answer to cool them down.



They have two problems that cannot be hidden.

One is the fact that it is very difficult to secure evidence to prove the surrogate operation unless the patients are included in the video of 'ghost surrogate surgery' submitted to the investigation agency. Second, it is very difficult to win a medical lawsuit by proving that the recurrence of pain after back surgery is due to medical negligence.



It's unfortunate that I have to give them the feeling of eating 100 sweet potatoes, but I can't give them unfounded hopes as lawyers. So, I had more hope.



'I hope that the CCTV in the operating room will be installed and the mandatory recording will come as soon as possible...'



On August 31st, I heard the news that the CCTV

installation

law in the operating room was finally passed. The face of Lee Na-geum, the representative of the Natural Solidarity for Medical Justice, who struggled to pass this law, came to mind first. CEO Na-geum Lee is the mother of the late Kwon Dae-hee, who died while undergoing plastic surgery in 2016. After experiencing the unfortunate death of his son, he informed the world of the seriousness of the surrogate operation and the necessity of installing CCTV in the operating room.



I also remembered people who contacted me or came to me saying they were suspicious of a surrogate operation. Those people may not be able to receive the benefits, but now that I think that such an injustice can disappear in Korea, my frustration has improved a little. However, a few days later, a local newspaper reporter in Incheon called urgently.



"Lawyer, the law passed by the National Assembly does not apply to surgeries performed under local (local) anesthesia in spine hospitals, is that correct?"



"Is it possible... The three laws



proposed to the National Assembly

did not contain such content..."

I looked up the provisions of the law that passed the National Assembly just in case, and was surprised when I saw the phrases in it.


2 Article 38 Article Medical Service (operating rooms within a closed circuit television installation and operation)


unconscious state of the patient, such as general anesthesia

for surgery in hospitals that establishment is ...


② ... Chapter of the medical practitioner or

general anesthesia

A scene in which surgery is performed while the

patient is unconscious

...


None of the three previously proposed bills could find anything that excluded all local (partial) anesthesia from being filmed. In the bill of Rep. Kim Nam-guk (Agenda No. 2102382) and Rep. Hyun-Young Shin (Agenda No. 2106456), the subject of filming was 'all medical practices', and in the Bill of Rep. Ahn Kyu-baek (Agenda No. 2102615), even with local (partial) anesthesia, 'human life or body' Surgery that is likely to cause serious harm to



However, the above phrase sneaked into the bill (Proposition No. 2112206) proposed as an alternative by the Bill Review Subcommittee of the Health and Welfare Committee. I looked up the minutes of the meeting through the website of the National Assembly to see if there was any discussion about whether this phrase excluding local anesthesia came in.



There was no trace of any related discussion in the minutes of the Extraordinary Minutes of the 1st Bill Review Subcommittee of the Health and Welfare Committee on August 23, when the passed alternative was announced. This phrase, which came in without any discussion during the two-hour meeting from 10:07 am to 12:08 pm, was passed without any mention at the general meeting of the Health and Welfare Committee held in the afternoon of the same day.



There is not much difference between general anesthesia and local (local) anesthesia in that there is a risk of causing serious harm to human life or body.

As confirmed in the case of Incheon Spine Hospital, even if it is a local (anesthetic) operation rather than general anesthesia, it is difficult for the patient to be aware of 'ghost replacement surgery' because it is lying on the stomach or covered with a surgical cloth.

For that reason, it is impossible to comprehend that local (partial) anesthesia surgery was completely excluded from the CCTV footage.



In January of last year, I wrote the

following content in the

<Laws Existing Only in Law Codes, Someone Is Dying>

.


There are two laws in the world.

How to save and how to kill.

The law of killing people is what we call 'evil law'.

Laws that save people should be strengthened so that the laws are well enforced, and evil laws that kill people should be abolished.

In the new year of 2021, we have to do the same.



However, it is not only the evil method of killing people that makes our society gloomy and depressed.

That's right, but it's mana laws.

Laws exist in the law, but do not exist in reality.

We need to stop these laws from being made.


The 'Operating Room CCTV Act' now exists in the Code and will be enforced two years later.

However, the question arises as to whether this law will become a law that exists in reality before it is even enforced.

What should we do?

First, we must ask the National Assembly why this bill was passed in such a way that it was reduced to half, unlike the first proposed bill.

In addition, we need to raise our voice so that legislative supplementation that includes local (partial) anesthesia, which is vulnerable and dangerous for surrogate surgery, is also included in the mandatory CCTV footage before the law is enforced.



#In-It #Init #Choi Jeonggyu #Struggle for common sense



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