Colon Perforation from Colonoscopy Negligence... Doctor Who Caused Patient's Death Receives Suspended Sentence

Suwon District Court: Six Months Prison Term, Suspended for One Year
"Failure to Fulfill Duty to Explain Upon Discharge"

A doctor who caused a perforation in the colon of a patient in her 50s during a colonoscopy performed as part of a health screening, and failed to provide proper guidance on necessary actions upon discharge—ultimately leading to the patient's death—has been sentenced to a suspended prison term on appeal, following a similar sentence in the first trial.

On August 7, according to Yonhap News and legal sources, the Criminal Appeals Division 4 of the Suwon District Court (Presiding Judge Kim Heeseok) dismissed both the defendant's and the prosecution's appeals in the case of Dr. A, who was indicted on charges of occupational negligent homicide. The court upheld the initial sentence of six months in prison, suspended for one year.

Suwon District Court exterior. Photo by Yonhap News Agency

Dr. A was brought to trial on charges of causing a colon perforation through negligence during a colonoscopy on a woman in her 50s, referred to as B, at a general hospital in Danwon-gu, Ansan City, Gyeonggi Province, on October 15, 2021. Dr. A was also accused of failing to adequately fulfill the duty to explain appropriate post-procedure care, which led to the patient’s death. The investigation found that Dr. A had incorrectly determined the direction of the endoscope upon entry and applied excessive force, resulting in a perforation in B’s colonic diverticulum (a pouch-like outpouching in the colon wall). After that, Dr. A performed a suture on the perforated area and discharged B from the hospital on October 23. Medical guidelines require physicians to inform patients with a perforated colon to seek immediate emergency care if they experience symptoms such as abdominal pain or fever upon discharge; however, it was found that Dr. A failed to provide this explanation properly.

As a result, B suffered lower abdominal pain and fever after discharge. Because she did not suspect sequelae related to the perforation, B first visited an orthopedic clinic, and was only later transferred to a higher-level hospital. However, she died of septic shock caused by acute peritonitis on November 7 of that same year.

Previously, the first trial panel stated, "Although the defendant’s medical negligence led to the victim’s death—a very serious consequence—the court took into account that the defendant had no prior criminal record and that compensation for damages was paid following a confirmed civil judgment." The court sentenced Dr. A to six months in prison, suspended for one year. Dr. A’s side appealed, claiming that there was neither negligence during the colonoscopy procedure nor a violation of the duty to explain, and that causation between the alleged acts and the death was lacking. However, the appellate court rejected the appeal.

The appeals court stated, "Given that the victim, who lacked medical knowledge, could not identify the cause of her pain and thus initially visited an orthopedic clinic, it is difficult to conclude that the duty to provide an adequate explanation at discharge was fulfilled." The court explained its decision to dismiss the appeal by stating, "The sentence handed down in the original trial cannot be considered excessively unfair or unreasonable."

This content was produced with the assistance of AI translation services.