Mokpo Attorney | Mokpo Medical Litigation Attorney Concludes Damages Lawsuit Over Death in Medical Accident With a Favorable Judgment

The client who consulted the Mokpo attorney argued that the cause of the child's death was a medical accident and inadequate monitoring of the child's progress.

The client's child had a congenital heart defect and surgery was unavoidable.

The client's child ordinarily suffered from chronic conditions such as anemia and low blood pressure, and because the child was physically immature, the surgical risk was high.

Nevertheless, the hospital's medical staff proceeded with the surgery immediately without conducting a detailed examination, and they did not monitor the child's progress even as the child's condition deteriorated after the surgery.

As a result, the client's child ultimately died, and the client was in a situation in which the client sought to file a lawsuit against the medical staff.

■ Relevant statutes explained by the Mokpo medical litigation attorney

A physician's duty to explain cannot be exempted merely on the ground that the likelihood of the foreseeable risks to life and body and of side effects is slight, and where the risks and side effects are those that typically occur in the relevant medical treatment or are serious and irreversible, they are subject to the duty to explain notwithstanding the slightness of their likelihood (Supreme Court Judgment of February 13, 1998, 96Da7854).

▶ Civil Act Article 750 (Definition of Tort)
A person who causes loss to or inflicts injury on another by an unlawful act, intentionally or negligently, shall be liable to compensate for the resulting loss.

▶ Civil Act Article 751 (Compensation for Loss Other Than Property)
(1) A person who has injured the body, liberty, or reputation of another, or has inflicted any mental distress on another, shall be liable to compensate for the loss other than property as well.

▶ Civil Act Article 752 (Consolation Money for Injury to Life)
A person who has injured the life of another shall be liable to compensate for the loss even in cases where no property loss has been suffered, to the lineal ascendants, lineal descendants, and spouse of the victim.

▶ Civil Act Article 766 (Extinctive Prescription of Claim for Damages)

(1) A claim for damages arising from a tort shall be extinguished by prescription if it is not exercised within three years from the date on which the victim or his or her legal representative becomes aware of the loss and of the person who caused it.

(2) The same shall apply where ten years have elapsed from the date on which the tort was committed.

The Mokpo medical litigation attorney argued that, before the death of the client's child, the medical staff had been negligent in failing to detect an infection at the surgical site.

The client's child complained of severe pain immediately after the surgery, and the attending medical staff conducted an examination right away but did not detect any abnormality.

However, the child's pain worsened, and a reexamination was conducted only after the situation had become serious.

As a result of the reexamination, the client's child was found to have severe inflammation of the skin tissue, and the infection had spread to the surgical site as well.

The Mokpo medical litigation attorney at Daeryun argued that the client's child died because the inflammation worsened as a result of the medical staff's inadequate care.

The Mokpo medical litigation attorney argued that the surgery the client's child was to undergo had not been properly explained in advance.

The client's child suffered from chronic conditions such as anemia and low blood pressure, and the child had also been taking related prescription medication over a long period.

However, the hospital did not properly explain the surgery that the client's child was to undergo, and it did not even conduct basic examinations.

The heart defect surgery was also completed in a shorter time than expected and was performed inadequately.

Accordingly, the Mokpo medical litigation attorney at Daeryun argued that the medical staff breached the duty to explain, and emphasized that this had a significant effect on the death of the client's child.

The client who consulted the Mokpo attorney visited Daeryun in order to file a damages lawsuit following the death of the client's child caused by a medical accident.

In response, the Mokpo attorney at Daeryun formed a team of attorneys with extensive experience in medical litigation, and the team continuously discussed and researched the matter and provided assistance throughout all stages of the case in order to pursue a favorable judgment.

As a result of the lawsuit, the court accepted the arguments of the Mokpo medical litigation attorney, and the client obtained a substantial amount of damages from the medical staff and received a favorable judgment.

If you are considering medical litigation in a situation such as the one described above, please feel free to consult with the Mokpo medical litigation attorney at Daeryun.