Ministry of Health and Welfare: “Emergency rooms with a shortage of doctors are exempt from liability even if they do not accept patients…justifiable reasons”

Official letter to medical organizations such as the Korean Medical Association… “‘Legitimate Reason’ Applies”

Ambulances are lined up at a university hospital in Seoul on the 11th. The government will operate a ‘Chuseok Holiday Emergency Response Week’ for two weeks from the 11th to the 25th to prepare for a surge of emergency room patients during the Chuseok holiday. Specifically, in order to increase response capabilities for severe and emergency patients, in addition to 44 regional emergency medical centers, about 15 out of 136 local emergency medical centers with treatment capabilities will be designated as base regional emergency medical centers, and severe and emergency patients corresponding to Korean Acute Severity Assessment System (KTAS) 1 to 2 will be accepted first. KTAS 1 to 2 are situations that require rapid treatment as life or limb is at risk, such as cardiac arrest, severe trauma, dyspnea, severe chest pain, abdominal pain, headache, hemoptysis, and loss of consciousness. 2024.09. 11.[서울=뉴시스]

It has been confirmed that the government sent an official letter to medical organizations stating that it will not hold medical staff responsible for not accepting patients in emergency rooms due to a shortage of doctors and equipment.

According to the Ministry of Health and Welfare on the 16th, the Ministry of Welfare delivered the ‘Emergency Room Operation Guidelines’ containing these contents to 17 cities and provinces across the country and major medical organizations such as the Korean Medical Association (KMA) the previous day.

The guidelines reportedly state that ▲lack of personnel and equipment ▲mildly ill patients ▲assault or equipment damage are ‘justifiable reasons’ to refuse or avoid patient care.

Under the current Emergency Medical Services Act, medical staff cannot refuse to admit patients without a “justifiable reason.”

However, the Ministry of Health and Welfare explains that there are ‘justifiable reasons’ for emergency rooms not to accept patients, such as when there is a shortage of medical staff or equipment to treat patients, or when mild patients are transferred.

It is interpreted that this was done after considering the fact that if patients are ‘forcibly’ placed in a situation where there is no capacity to accommodate them, the waiting time may become longer, which may make the patient’s condition more critical, and the burden on medical staff treating critically ill patients may increase as they have to accept additional patients.

A Ministry of Health and Welfare official said, “According to the current law, emergency rooms cannot refuse treatment without a legitimate reason, but we sent an official document specifying the reasons for ‘legitimate’ refusal.”

This guideline comes into effect today.

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2024-09-16 23:13:27