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| TITLE | 【Syllabus of Latest Opinion】 Supreme Court Decision 2024Do9443 Decided May 15, 2025 【Causing Bodily Injury by Occupational Negligence】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 [1] What needs to be proven to recognize the physician’s crime of causing death or bodily injury by occupational negligence based on medical practice, and the degree of proof required Whether causation between the negligence and a patient’s injury or death is presumed or the degree of proof with regard thereto is mitigated on the sole ground that the physician’s occupational negligence has been established (negative) [2] In a case where the Defendant, a physician, was indicted on the charge of causing bodily injury by occupational negligence due to an injection of Macperan, which is prohibited for patients with Parkinson’s disease and is advised to take caution when injected for the elderly, into Party A, a patient having Parkinson’s disease, who came to the hospital for nutritional support injections, as a result of which Party A incurred bodily injury, including general weakness, temporary loss of consciousness, speech sound disorders, and Parkinson’s disease exacerbation, necessitating an indeterminate period of treatment, the case holding that, even though the Defendant is found to be responsible for occupational negligence of not having properly checked if Party A had Parkinson’s disease at the time of the Macperan injection, the evidence submitted by the prosecutor is insufficient to consider that whether the negligence caused each injury to Party A has been proven beyond reasonable doubt | |
