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Deals & Cases

Damages (Medical Malpractice)

Assistance from a Changwon Attorney | A Changwon Attorney Who Proved a Medical Accident and Claimed Damages

The client was preparing a claim for damages on behalf of a son who had suffered a medical accident. Legal assistance was needed in this process, and so the client consulted a Changwon attorney.

CONTENTS
  • 1. The Client's Situation
    • - The Circumstances of the Case as Reviewed by the Changwon Medical Attorney
    • - Damages Litigation Relating to a Medical Accident, Explained by the Changwon Medical Attorney
    • - The Burden of Proof for Damages, Explained by the Changwon Medical Attorney
  • 2. The Changwon Attorney's Assistance
    • - The Changwon Medical Attorney Proved the Medical Staff's Breach of the Duty to Explain
    • - The Changwon Medical Attorney Proved the Respondent's Negligence
  • 3. The Result of the Changwon Attorney's Assistance: A Successful Claim for Compensation

1. The Client's Situation

The client wished to pursue a claim for damages on behalf of a son who had suffered a medical accident.

Through consultation with the client, the attorney carefully reviewed the circumstances of the medical accident.

The Circumstances of the Case as Reviewed by the Changwon Medical Attorney

The client's son underwent surgery in the urology department for a condition known as varicocele.

However, damage to the aorta occurred during the surgery, and as a result the son additionally underwent primary aortic repair surgery.

In this process, an incision of about 20 cm was made running up the lower abdomen, and the son was left with a large scar on the abdomen.

The hospital, however, sought to provide only treatment and to move on without any compensation for the harm.

The client therefore wished to establish the medical staff's liability and claim damages, and in this process requested legal assistance from a Changwon medical attorney with extensive legal and medical knowledge.

Damages Litigation Relating to a Medical Accident, Explained by the Changwon Medical Attorney

If a patient suffers harm due to a medical practitioner's nonperformance of duty or unlawful act, the patient may claim compensation for the loss sustained.

If a medical practitioner has received medical fees and the like from a patient yet failed to faithfully perform the contract to provide medical care, or if the practitioner failed to exercise the care that should have been taken during the medical treatment, compensation should be sought through litigation.

The Burden of Proof for Damages, Explained by the Changwon Medical Attorney

To claim damages under the Civil Act on the ground of nonperformance of duty or an unlawful act, it must be proven that the doctor, through intent or negligence, breached a duty of care and caused bodily or other harm to the patient.

In this regard, the entire burden of proof rests on the patient.

Therefore, 🔗medical accident damages if you wish to pursue litigation, you must yourself establish the causal connection between the medical practitioner's unlawful act and nonperformance of duty and the harm that occurred.

However, it is not easy for an ordinary person without medical and legal knowledge to establish this perfectly on their own.

Therefore, seeking the assistance of an attorney with sufficient medical and relevant legal knowledge in filing a claim for damages can be helpful.

2. The Changwon Attorney's Assistance

The attorney requested the client's treatment records from the hospital and secured the relevant evidence.

The attorney then submitted an application for conciliation regarding the claim for damages on the following grounds.

The Changwon Medical Attorney Proved the Medical Staff's Breach of the Duty to Explain

Before the surgery in this case, the client received only a brief explanation when signing the consent form, and gave consent without receiving any explanation about the possibility of aortic damage during the surgery, the conversion to open surgery, or the possibility of scarring.

Explaining this point, the Changwon medical attorney argued that, because harm had occurred to the applicant (the client's son) due to the medical staff's breach of the duty to explain, the respondent (the medical staff) should compensate for it.

The Changwon Medical Attorney Proved the Respondent's Negligence

The respondent damaged the aorta by breaching the duty of care while inserting the surgical instrument during this surgery.

In response, the Changwon medical attorney presented relevant medical knowledge and proved the respondent's medical negligence.

3. The Result of the Changwon Attorney's Assistance: A Successful Claim for Compensation

As a result of the Changwon attorney's dedicated assistance, the court decided that the respondent should pay the applicant treatment costs and consolation money.

If You Need Damages for a Medical Accident

The above case involved a client who consulted a 🔗Changwon attorney for a claim for damages on behalf of a son who had suffered a medical accident.

Daeryun Law Firm assists clients preparing medical accident damages litigation with everything from drafting the complaint to gathering relevant materials and proving negligence.

In particular, if a submitted complaint has shortcomings, it may be rejected at the outset rather than proceeding to litigation, and so obtaining the assistance of an attorney from the early stages of the case is recommended.

If you are preparing medical accident damages litigation as described above, please feel free to entrust your case to us at any time through a 🔗legal consultation booking.

창원변호사

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.

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