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Legal Intellectual

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Q

I would like to proceed with a dermatology clinic lawsuit. Would that be possible?

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Hello. I received a scar treatment procedure at a dermatology clinic, and afterward hyperpigmentation developed. Before the procedure, the clinic explained only that there might be redness and swelling for about three days and said that it would improve over time. However, it has now been more than two weeks and the hyperpigmentation is continuing, so I am very worried. I would like to know whether I can proceed with a dermatology clinic lawsuit in such a case.

dermatology clinic lawsuit

A

Answer to Related Inquiry

Based solely on what you have described, there is ample room to consider a dermatology clinic lawsuit.

A medical institution has a duty to explain in specific terms the foreseeable side effects, the recovery period, and the likelihood of their occurrence before a procedure, and in many cases guidance amounting only to “swelling for a few days” is difficult to regard as having fully discharged the duty to explain.

In particular, past precedents include dermatology clinic lawsuit cases that recognized a breach of the medical staff's duty of care where no consent form or sufficient explanation before the procedure could be confirmed and where a specialist's opinion indicated that excessive treatment applied strong irritation to the skin and caused hyperpigmentation.

In addition, cosmetic skin procedures carry high expectations regarding the results, and for areas that directly affect appearance, such as the face, it is taken into account that even temporary side effects can cause significant mental distress or inconvenience in daily life.

Therefore, if the current symptoms are not improving in the short term and there were problems with the dermatology procedure or the explanation, it is necessary to review in specific terms, based on the relevant records, whether liability for damages can be pursued through a dermatology clinic lawsuit.

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