[Medical Litigation Attorney Case Study] Medical Litigation Attorney Prevails in a Medical Accident Damages Lawsuit

The client who came to a medical litigation attorney visited a well-known hospital and underwent cosmetic surgery to correct an asymmetrical face shape.

The client underwent the cosmetic surgery to correct a malocclusion and improve the facial profile, but the appearance was not improved as desired.

In addition, the client complained of serious complications, such as the lips gradually becoming thinner and the teeth protruding, but the doctor who performed the surgery took no measures.

The client then came to the medical litigation attorneys at Daeryun in order to file a damages lawsuit arising from the medical accident.

■ Legal Principles in the Case Explained by a Medical Litigation Attorney

▶ Unlike treatment of an ordinary illness, cosmetic surgery involves a contract between the physician and the patient that goes beyond a mandate and takes on the character of a contract for work. Because the objective of the cosmetic surgery was not achieved, as the bridge of the nose became more crooked after even two operations than it had been before surgery, Mr. Lim had no obligation to pay the medical fees. This was not merely a case in which the patient was dissatisfied due to a difference in aesthetic impression, but rather one in which the originally intended objective was not achieved after the cosmetic surgery, so the physician failed to perform the duty owed in carrying out the cosmetic surgery. Unless it can be proven that the effect of the medical treatment varied according to the individual patient's constitution or characteristics and that it was therefore impossible for the physician to foresee or avoid the result of the treatment, the physician should be regarded as having failed to perform the duty under the medical contract(Seoul Central District Court 2013Gaso865643, against Severance Hospital).

▶ In cosmetic medicine, the physician must exercise the care of a good manager over the operation itself and produce at least the result of the general standard practiced in the relevant field. The physician also has a duty of care to explain accurately and specifically the method of the operation to be performed on the patient, the results expected from the operation, and any side effects or aftereffects, so that the patient can choose an operative method by which the patient can obtain the desired result. If, as a result of breaching the above duty of care, the outcome fell short of the generally required standard or side effects and the like occurred, this constitutes incomplete performance of the obligation, and the physician is liable to compensate for the damages arising from it(see Supreme Court Decision 96Da5933, decided February 11, 1997, and others).

▶ A physician performing cosmetic surgery must, based on a high level of specialized knowledge, sufficiently review whether to perform the procedure as well as its timing, method, and scope, and must take care that no physiological or functional impairment remains for the person requesting the cosmetic procedure. The physician also has a duty to refuse or discontinue the cosmetic procedure where there is a high probability that aftereffects that are difficult to recover from may occur(Supreme Court Decision 2007Do1977, decided May 31, 2007).

The medical litigation attorney argued that the client's treating physician had breached the duty to explain.

A physician performing cosmetic surgery, where the cosmetic procedure to be performed cannot realize all of the specific results the client desires but can realize only some of them, has a duty to explain such matters in detail so that the client can choose whether to undergo the procedure(Supreme Court Decision on damages, decided June 13, 2013).

However, the client's treating physician had never explained to the client the side effects and the like that could arise after the operation.

Daeryun's medical litigation attorney argued that the treating physician had breached the duty to explain, as the physician had never given the client a specific explanation that complications from the operation could occur.

The medical litigation attorney argued that the client was experiencing mental suffering due to the complications resulting from the cosmetic surgery.

The client had undergone a costly operation to improve an asymmetrical facial shape, but did not obtain the desired result and was suffering only from complications.

In response, Daeryun's medical litigation attorney emphasized that the client was struggling with severe stress due to the situation that arose after the operation.

The medical litigation attorney argued that complications had occurred for the client after the cosmetic surgery.

After the cosmetic surgery, the client experienced side effects such as protruding teeth and thinning lips, and complications including jaw asymmetry and a mesial occlusion occurred.

Although the metal plate used during the operation had broken, the treating physician took no particular measures.

Daeryun's medical litigation attorney argued that, far from obtaining aesthetic satisfaction from the cosmetic surgery, the client's appearance had not improved as desired and that complications had even occurred.

The client who came to the medical litigation attorney was in a situation where they wished to pursue medical accident damages litigation over complications that arose after surgery for an asymmetrical facial shape.

In response, Daeryun's medical litigation attorney assembled a team of medical attorneys with extensive case experience to assist with the lawsuit.

As a result, the court accepted the medical litigation attorney's arguments, and the client was able to win the case, securing a substantial amount in damages from the treating physician.

If anyone is facing concerns in a situation similar to that of the client above, you may consult Daeryun Law Firm's medical litigation attorney at any time.