CONTENTS
- 1. Medical Consulting | How the Dispute Arose
- 2. Medical Consulting | Content of the Assistance
- - Limiting the Scope of Liability by Reconstructing the Course of Treatment
- - A Consulting Strategy for Distributing Medical Liability That Reflected the Multi-Cause Structure
- - Organizing the Case by Pursuing the Criminal Response and the Settlement Strategy in Parallel
- 3. Medical Consulting | Outcome of the Response
1. Medical Consulting | How the Dispute Arose
The client who came to our firm seeking medical consulting was a physician who had treated a patient, and a dispute with the bereaved family had arisen after the patient died following treatment.
The patient visited the hospital with symptoms of abdominal discomfort and digestive disorder and received treatment, but afterward bleeding and an inflammatory response appeared, the patient's condition gradually worsened, and despite further treatment the patient did not recover and ultimately died.
The bereaved family then took issue with negligence by the medical staff and insufficient explanation, filed a high-value claim for damages against the client, and raised the possibility of a criminal complaint as well, so that the matter expanded.
However, because this case appeared to have been influenced not only by the treatment process but also by various factors such as the patient's preexisting health condition, it had a structure in which it was difficult to conclude the matter on the basis of negligence by the medical staff alone.
From the client's standpoint, this was a situation that could lead not only to liability for damages but also to a criminal matter, and accordingly the client decided to organize the direction of the response with the assistance of an attorney specializing in medical law.
2. Medical Consulting | Content of the Assistance
In the medical consulting, it was important to reorganize the case with a focus on what judgments were actually made during the course of treatment.
Because judging liability solely on the basis of the outcome could lead in a direction unfavorable to the medical staff, the focus was placed on reviewing the entire process before and after treatment and reorganizing the issues.
Limiting the Scope of Liability by Reconstructing the Course of Treatment
In the course of the medical consulting, the entire process was rearranged in chronological order, from the assessment before treatment, to the choices made during treatment, to the subsequent response.
In this process, a structure was created so that it could be emphasized that the medical staff made a reasonable judgment based on the information available at the time and the patient's condition.
In particular, the basis for the response was prepared with a focus on the point that it is difficult to conclude the medical staff's liability solely on the basis of the occurrence of the outcome.
A Consulting Strategy for Distributing Medical Liability That Reflected the Multi-Cause Structure
The change in the patient's condition was difficult to explain by a single cause.
It was reasonable to view it as the result of the preexisting condition, the body's reaction after the procedure, and the subsequent course of treatment influencing one another.
Accordingly, in the medical consulting, the matter was reconstructed as “a result in which multiple factors combined,” and through this a strategy was adopted of weakening the direct link between the medical conduct and the death.
This approach played an important role in contesting the causal relationship itself.
Organizing the Case by Pursuing the Criminal Response and the Settlement Strategy in Parallel
This matter was a case in which civil liability for damages and criminal liability were at issue at the same time, so a response that considered the entire flow was needed rather than separating the procedures.
In the criminal response, the defense logic was organized in the direction that the causal relationship between the breach of the duty of care and the outcome was not clear, with a focus on the point that the medical staff's judgment conformed to the medical standards at the time.
In the civil response, while maintaining the position that negligence and a causal relationship were difficult to establish, the treatment records and the materials relating to the explanation process were organized to make clear the differences from the opposing party's assertions.
In addition, a negotiation strategy that took into account the burden of prolonged litigation and the difficulty of proof was pursued in parallel, and as a result the matter was guided toward a reasonable resolution; the bereaved family ultimately withdrew the suit and prepared a settlement agreement stating that they would no longer pursue legal liability against the client.
3. Medical Consulting | Outcome of the Response
As a result of organizing the structure of the case and consistently maintaining the direction of the response with the assistance of an attorney specializing in medical law during the medical consulting, the case was concluded in a direction in which the client bore no civil or criminal legal liability.
After the case was concluded, a review was also conducted of the treatment record management, the system for fulfilling the duty to explain, and the overall internal response process, so that the same type of dispute would not recur.
Through the medical consulting, the legal risks that could arise in the future were blocked in advance, and the internal management system was put in order so that the medical institution could respond according to consistent standards.
A Risk Checklist to Review Right Now
If any of the following situations apply, a medical dispute may expand, so a preliminary review through medical consulting may be necessary.
□ Where, following the death of a patient or the occurrence of a serious complication, a dispute with the guardian has arisen or is likely to arise □ Where the treatment records, the explanation and consent forms, and the surgery or procedure records are partly missing or lack consistency □ Where the cause of the deterioration of the patient's condition is difficult to explain by a single medical act, yet this has not been organized □ Where the patient or guardian strongly asserts negligence and has mentioned the possibility of a criminal complaint □ Where the direction of the response has not been organized within the medical staff or hospital, making it difficult to maintain a consistent position |
Medical consulting is a key advisory area for reviewing in advance the legal disputes and risks that can arise in the course of operating a hospital, clinic, or medical corporation, and for resolving problems that have arisen in a structured manner.
Because medical institutions are placed in an environment in which not only medical conduct but also legal liability, administrative regulation, and management judgment operate simultaneously, the establishment of a proactive and systematic response strategy is essential.
Daeryun Law Firm presents practical response measures centered on the elements that become problematic in actual cases, such as reviewing the treatment process, putting the duty to explain and the record management system in order, and establishing a medical dispute response strategy.
The firm also performs consulting across the overall operation of a medical institution, including the contract review needed at the establishment and operation stages of a hospital, the building of an internal management system, and advisory on regulatory and administrative responses.
The firm has built a system in which specialists in the criminal, civil, and administrative fields collaborate under the leadership of attorneys specializing in medical law, and attorneys who hold a physician's license also participate to provide more precise advisory based on an understanding of medical conduct.
Daeryun, the ninth-largest law firm in the Republic of Korea (based on 2025 value-added tax filings with the National Tax Service), provides tailored legal services.
If you need a risk review during the operation of a medical institution or a medical dispute response strategy, 🔗arrange a legal consultation to receive medical consulting.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
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