Following a case in which a pediatric patient died at the pediatric emergency center of a university hospital, police conducted a search and seizure of the center while it was actively treating patients. In response, the Korean Society for Pediatric Emergency Medicine issued a statement of condemnation, describing the investigative method as one that “undermines the right to medical care of other pediatric patients and stifles treatment.”
In a statement on the 1st, the Korean Society for Pediatric Emergency Medicine said, “We carry deep sorrow over the tragic incident in which a pediatric patient who had been admitted to the pediatric emergency center two months ago for cyanosis unfortunately passed away while receiving treatment.” However, it added, “We cannot refrain from expressing serious concern and profound dismay at the fact that on September 30, law enforcement authorities executed a search warrant at the scene of the pediatric emergency center, where treatment was in full swing.”
According to the society, police arrived at the pediatric emergency center of University Hospital A on that day with a search warrant. At the time, the center was treating emergency patients, including an infant six months old who had been experiencing convulsions. While police reviewed data on computers used for medical treatment, medical staff were forced to move to another location to issue prescriptions. The search and seizure reportedly extended to the outpatient clinic of pediatrics and adolescent medicine.
It was reported that the targets specified in the search warrant included duty rosters for doctors and nurses, among other items. The society maintains that conducting a search and seizure all the way into an emergency room where patients are being treated is excessive, given that materials such as duty rosters can be obtained by requesting them from the hospital.
The society emphasized, “A search and seizure investigation inside an active emergency room threatens the safety of other pediatric patients,” noting that “the pediatric emergency center is a specialized treatment area where a delay of just a few seconds can determine whether a child lives or dies.”
It further pointed out, “The sudden visit by investigative personnel and the on-site execution process inevitably distract the attention of medical staff on site and disrupt the flow of treatment,” adding, “This is an extremely dangerous method that can directly lead to delays in treatment and safety accidents for other critically ill pediatric patients awaiting emergency care.”
They also stated that investigative practices that presuppose optimal emergency treatment as a potential illegality will stifle essential pediatric healthcare. The society lamented, “In cases of severe pediatric diseases, there are medical limitations where recovery is difficult to guarantee due to the progression speed and severity of the disease, even when medical staff exert their utmost efforts.” It added, “If the practice of treating on-site medical staff as if they were potential criminals over the results of optimal treatment undertaken at great risk to save lives continues to be repeated, there will no longer be any medical staff left to protect the scene of pediatric emergency healthcare in South Korea, which is already on the brink.”
The society also raised issues regarding the method of the search and seizure. It argued, “In modern medical institutional investors, electronic medical records (EMR) have their creation, modification, and access history permanently recorded in second-level logs, making post-hoc tampering or alteration fundamentally impossible,” and stated, “Materials necessary for investigation can be objectively and sufficiently secured through normal procedures and voluntary submission.”
It also criticized, “Resorting to a search warrant against hospitals and medical staff who have cooperated sincerely with the investigation is an excessive measure that departs from the principles of proportionality in investigation and minimal infringement.”
in THEBIO
