【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 is presumed or the standard of proof in patient injury or death cases due to proven physician negligence 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 advised to take caution when injected for the elderly, into Party A, a patient having Parkinson’s disease, who came to hospital for nutritional support injections, thereby causing bodily injury to Party A, 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 confirmed whether 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 to the point of leaving no reasonable doubt