The Association of Medical Professors calls on the National Police Agency, Supreme Prosecutors' Office, and Ministry of Health and Welfare to establish specialized investigation guidelines.

Amid ongoing controversy following a police search and seizure operation at a pediatric emergency medical center, medical professors have urged that direct forced investigations in critical clinical spaces—such as emergency rooms, intensive care units (ICUs), and operating rooms—be strictly limited as an absolute last resort.

On October 6, the Association of Medical Professors issued a statement declaring, "An investigation to uncover the truth behind a child's death must never threaten the treatment of other children."

Previously, related to the death of a pediatric patient that occurred two months prior, police executed a search and seizure warrant on September 30 at facilities including the Ajou University Hospital Pediatric Emergency Medical Center.

While medical staff argued that the police entry and inspection of clinical computers disrupted patient care, the police maintained that they did not obstruct medical treatment.

In response, the Association stated, "Regardless of the differing explanations regarding the facts, serious consideration must be given to the possibility that forced investigations conducted within active emergency treatment spaces undermine medical focus and the continuity of care, thereby impacting the safety of currently hospitalized patients."

They particularly emphasized, "Direct forced investigations into spaces where life-critical procedures take place—such as emergency rooms, ICUs, and operating rooms—should be conducted only as a last resort, regardless of the timing of the incident, when the objective of the investigation cannot be achieved by any other means."

They pointed out, "If materials such as medical records, prescriptions, test results, CCTVs, and work logs can be secured outside the clinical space, those methods should be prioritized," adding, "What investigative authorities must explain is not merely whether they had a warrant, but why they specifically had to enter the space where patients were actively receiving treatment."

The Association also cited the 2017 neonate death case as a precedent. At that time, seven medical staff members were indicted on charges of professional negligence resulting in death, but were acquitted in the first trial, appellate court, and ultimately the Supreme Court.

The Association asserted, "The mere outcome of a patient's death should not lead to the presumption of medical malpractice or criminal liability," adding, "First, based on medical expertise, we must investigate what happened and why such an outcome occurred, while distinguishing between the natural course of a disease, unavoidable complications, structural factors of the medical system, and actual medical malpractice."

They further emphasized, "It is only natural to thoroughly investigate the cause of a patient's death and hold parties accountable if clear negligence or illegal acts are confirmed. At the same time, we must analyze the causes and contributing factors of the incident from medical and systemic perspectives to prevent the repetition of similar hazards."

Accordingly, the Association demanded that direct search and seizure operations in emergency rooms, ICUs, and operating rooms be operated as a principle of last resort, and that medical records, CCTV footage, and electronic data be secured outside clinical spaces by specific targets and scopes.

In addition, they urged the National Police Agency, the Supreme Prosecutors' Office, and the Ministry of Health and Welfare to review past criminal investigation experiences regarding medical accidents—including the Ewha Womans University Mokdong Hospital case—and establish medical incident investigation and forced investigation guidelines that reflect patient safety, medical expertise, the continuity of care, and the principle of minimum infringement.

The Association concluded, "Medical institutions are not a sanctuary from investigations. However, a patient's death does not immediately constitute criminal evidence. The process of uncovering the truth behind a single patient's death must begin with medical facts and scientific causal relationships, and that process must never endanger the lives of other patients whom we can save right now."

[ⓒ Global Economic Times. 무단전재-재배포 금지]