The Case of Poisoning of Opium: Re-Recognition and Re-Deepening of Judicial Practice about Newly Developed Medical Filed
This case is a terminal cancer patient with natural dying process, but his emergency room medical records recorded words such as opium poisoning. One of his sons was accused as a murderer by another son. After the patient underwent autopsy, the son who was sued by his brother was heartbroken and blamed himself. Therefore, he accused the hospital and doctors that his identity interest and personality right are infringed because of misdiagnosis and misrepresented the medical records. Although the case was simple and the verdict had no obvious flaws, the verdict could not soothe the suffering that the family members experienced. Reviewing this case from the perspective of pursuing a dignified death in an aging society, this article proposes the importance of consulting the medical expertise in new medical field, the implementation of preventive law in the field of palliative care, the rethinking of judicial postmortem examination, and the humanity of the court. We hope that the loss and suffering that unfortunately has not been treated well in the medical scene can be softly undertaken through the last line of judicial defense, and the second time of harm can be avoided.