CONTENTS
- 1. How the Client Came to Our Namyangju Medical Litigation Attorney
- - Precedents Relevant to the Case, Reviewed with Daeryun's Namyangju Medical Litigation Attorney
- 2. The Case Handling by Daeryun's Namyangju Medical Litigation Attorney
- 3. Daeryun's Namyangju Medical Litigation Attorney Obtains a Favorable Judgment in a Medical Damages Case
1. How the Client Came to Our Namyangju Medical Litigation Attorney
The client who requested the assistance of our Namyangju medical litigation attorney was suffering severe pain from aftereffects following surgery.
These aftereffects had been caused by the medical staff during the initial surgery, and as a result the client even had to quit work.
The detailed circumstances of the case are as follows.
The client underwent orthopedic surgery for a condition he had previously had.
However, the pain that should have disappeared after the surgery only grew worse.
The client complained of the pain to the hospital, but the hospital treated it as unimportant, saying it would improve over time.
As the pain continued to worsen, he requested treatment from the hospital, but the hospital merely told him to wait and provided only simple physical therapy.
Finding daily life too difficult, the client decided to visit another hospital.
The other hospital diagnosed that the initial surgery had been performed incorrectly, and the client had to undergo a second operation.
Due to the negligence of the medical staff during the initial surgery, the client had to suffer aftereffects such as nerve damage and a ruptured vein.
The client, who decided to bring a medical damages lawsuit, entrusted the case to Daeryun Law Firm's Namyangju medical litigation attorney.
Precedents Relevant to the Case, Reviewed with Daeryun's Namyangju Medical Litigation Attorney
▶ Supreme Court, Decision of February 13, 1998, 96Da7854
A physician's duty to explain cannot be exempted merely on the ground that the likelihood of the anticipated risks and side effects to life or body is slight; where the risks and side effects typically arise from the treatment in question, or are serious and irreversible, they are subject to explanation notwithstanding the slightness of their likelihood.
▶ Supreme Court, Decision of February 13, 1998, 96Da7854
Unless there is an emergency patient or other special circumstance, a physician, as a precondition for obtaining consent to perform a medical procedure involving surgery or otherwise endangering the human body, has a duty to explain to the patient, in light of the medical standards of the time, the matters deemed reasonable, including the symptoms of the illness, the content and necessity of the treatment method, the prognosis, and the anticipated risks and side effects to life or body, so that the patient may have the opportunity to decide for himself whether to undergo the surgery or medication.
2. The Case Handling by Daeryun's Namyangju Medical Litigation Attorney
Daeryun Law Firm's Namyangju medical litigation attorney undertook the case together with 3 to 20 specialist attorneys with extensive experience in medical damages litigation.
Through a thorough legal consultation with the client and a detailed analysis of the case, Daeryun's Namyangju medical litigation attorney prepared the following arguments.
▶ The aftereffects the client is suffering are difficult to regard as ordinary symptoms that arise following surgery
▶ These aftereffects can be said to have been caused by the negligence of the medical staff during the initial surgery
▶ The client continued to complain of pain, but the medical staff did not attempt to verify it
▶ Because of the aftereffects arising from the surgery, daily life became difficult for the client, and he had to quit his job
3. Daeryun's Namyangju Medical Litigation Attorney Obtains a Favorable Judgment in a Medical Damages Case
The court accepted all of the arguments of Daeryun Law Firm's Namyangju medical litigation attorney.
Accordingly, the hospital that performed the initial surgery had to pay the client hundreds of millions of won in damages.
The client repeatedly expressed gratitude, saying it was thanks to Daeryun's Namyangju medical litigation attorney, who analyzed and uncovered the cause of the aftereffects that arose after the surgery.
If you need legal assistance in a case similar to the client's, we invite you to come to Daeryun Law Firm's Namyangju medical litigation attorney.
Specialists, including the medical specialist attorneys of Daeryun Law Firm, will find the answer to resolving your case on the basis of advanced medical knowledge.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
