Korean Medical Association and Pediatric Emergency Medicine Society Oppose Search and Seizure at Pediatric Emergency Center During Treatment

"Disruption of Treatment Flow Threatens Safety of Other Child Patients"

Compulsory Investigation Procedures Needed for Emergency Rooms, Operating Rooms, and Intensive Care Units

The medical community has urged the establishment of investigative procedures that can protect emergency medical sites, in response to the police's search and seizure of a pediatric emergency medical center at a general hospital while treatment was ongoing.

Yonhap News Agency

According to the Korean Medical Association on October 2, the Gyeonggi Nambu Provincial Police Agency executed a search and seizure warrant on September 30 at the Pediatric Emergency Medical Center of Ajou University Hospital, located in Woncheon-dong, Suwon, Gyeonggi Province. The investigation is related to the death of a child patient who was treated at the center last summer, and the search and seizure were carried out while other child patients were still receiving treatment.

The Korean Medical Association stated, "We fully understand the bereaved family's desire to know the circumstances of the child's death, and the medical community will diligently cooperate in establishing the facts." However, they emphasized, "The issue of designating an emergency room, where treatment is actively ongoing, as the target of a compulsory investigation must be considered separately from the issue of uncovering the facts."

The association particularly pointed out that a pediatric emergency center is a space where critically ill children may visit without notice, and prescriptions or test instructions are given through computers inside the emergency room—meaning the physical presence of investigative personnel at the site can disrupt the flow of treatment. At the time, the center had several child patients, including a six-month-old infant who had been transferred due to seizures, and medical staff reportedly had to move to other locations to carry out their work while police checked medical data on treatment computers.

The Korean Medical Association also questioned the necessity of the search and seizure itself. Under the Medical Service Act and the Criminal Procedure Act, the police are able to obtain medical records through voluntary submission, and electronic medical records have logs showing creation, modification, and access history, so data necessary for investigations can be secured without compulsory measures. Staff rosters, duty schedules, and the layout or equipment of treatment spaces can also be reviewed by requesting information from the hospital or coordinating schedules. The association emphasized, "The Criminal Procedure Act stipulates that compulsory measures should be limited to the absolute minimum necessary," adding, "The police must explain why it had to be an emergency room during treatment, and whether the search and seizure were truly necessary."

The Korean Society of Pediatric Emergency Medicine also issued a separate statement the previous day expressing concern over the investigation. The society said, "In this special treatment area, where even a delay of a few seconds can be a matter of life and death for a child, the sudden arrival and on-site action of investigative personnel diverts the attention of medical staff and disrupts the treatment flow," adding, "This could directly result in delayed treatment or safety incidents for other critically ill child emergency patients."

Both organizations particularly emphasized that the mere outcome of a critically ill child's death should not be used to presuppose medical negligence. They stated that for pediatric critical illnesses, even if the medical staff do their utmost, the course and severity of the illness may mean the outcome cannot be guaranteed.

The Korean Medical Association also mentioned that in April, the National Assembly amended the Medical Dispute Mediation Act to establish a Medical Accident Review Committee, which allows experts to review whether there was serious negligence in medical accidents. The association asserted that this reflects a societal consensus on the need for medical expertise in determining medical accidents and that such medical review should also take precedence in investigations.

The two organizations also expressed concern that this search and seizure may further inhibit the pediatric emergency medical field. They argued that in institutions that treat many critically ill children, it is impossible to completely avoid unexpected deaths, and if compulsory investigations follow every treatment process, medical staff may become reluctant to handle critically ill patients.

Accordingly, the Korean Medical Association called on the Gyeonggi Nambu Provincial Police Agency to clarify the specific circumstances regarding the execution of the search and seizure, and the reason for targeting a pediatric emergency center while treatment was ongoing. They further urged the establishment of investigative guidelines stipulating that data in time-critical treatment spaces like emergency rooms, operating rooms, and intensive care units should be obtained in a way—such as voluntary submission—that does not disrupt medical care. Additionally, they requested that the government ensure, through consultation with investigative agencies and amendments to subordinate laws and regulations, that medical appraisals and professional reviews are given priority over compulsory investigative measures in medical accident investigations.

The association stressed, "The emergency room is a place where lives are saved and must be protected under all circumstances," adding, "This search and seizure of an emergency room in operation must be the last such incident." The Korean Society of Pediatric Emergency Medicine also declared, "We will always cooperate in a transparent and objective fact-finding process," but asserted, "Investigative methods that infringe upon the medical field's right to practice and discourage treatment in life-saving emergency settings must be reconsidered."

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