I would like to ask whether this is a situation of violating the Medical Service Act.

Hello. You have asked whether this constitutes a violation of the Medical Service Act.

Before performing surgery or treatment on a patient, a doctor must sufficiently explain the necessity and method of the medical procedure, the foreseeable side effects and risks, and so on, and must obtain the patient's consent.

Article 24-2, Paragraphs 1 and 2 of the Medical Service Act expressly provide that a doctor must explain to a patient facing surgery and to his or her legal representative the aftereffects or side effects that are typically expected to arise from the surgery, and must obtain their consent.

This is called the ‘duty to explain,’ and if this duty is breached, it may of course give rise to a violation of the Medical Service Act as well as civil liability for damages.

If your mother did not receive a sufficient explanation of the side effects from the doctor before the surgery and is actually suffering from those side effects, there is room to recognize a breach of the duty to explain.

If a breach of the duty to explain is recognized, an administrative fine of not more than 3 million won is imposed.

In order for a violation of the Medical Service Act to be recognized on the basis of a breach of the duty to explain, collecting evidence that can prove it is more important than anything else.

It is advisable to respond by consulting, as promptly as possible, an attorney experienced in medical litigation.