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Deals & Cases

Damages (Medical Malpractice)

Gwangju Medical Attorney Assistance | Winning a Medical Malpractice Damages Suit

The client sought a Gwangju attorney experienced in medical cases in order to pursue a medical malpractice damages suit.

CONTENTS
  • 1. How the Client Came to Seek a Gwangju Medical Attorney
    • - The Client Who Requested Assistance With a Medical Malpractice Suit
    • - Statutes Relevant to a Medical Malpractice Suit
  • 2. Matters in Which the Gwangju Medical Attorney Assisted
    • - Breach of the Duty of Care
    • - Delay in Taking Measures
  • 3. Gwangju Medical Attorney, Result of the Medical Malpractice Suit: “Damages Granted”
    • - If You Need Assistance With a Medical Malpractice Suit

1. How the Client Came to Seek a Gwangju Medical Attorney

The client, who experienced abnormal symptoms after surgery but did not receive appropriate measures, requested assistance with a medical malpractice suit from a Gwangju attorney experienced in medical cases.

The Client Who Requested Assistance With a Medical Malpractice Suit

This is the account of the client who requested assistance from the Gwangju medical attorney.


The client visited the defendant hospital with persistent lower back pain and underwent a procedure.


An MRI was then performed, and the defendant hospital's medical staff recommended back surgery.


After undergoing the surgery, the client experienced paralysis, slurred speech, and abnormal symptoms immediately afterward, yet was advised to be discharged.


Alarmed, the client underwent another MRI at a different hospital and was diagnosed with a cerebral infarction.


The client requested assistance from a Gwangju attorney experienced in medical cases in order to file a 🔗medical malpractice damages suit against the defendant hospital.

Statutes Relevant to a Medical Malpractice Suit

If a doctor or nurse fails to fulfill a duty and negligence results, that person may face criminal punishment as well as liability for damages.


However, before proceeding with such a suit, clear evidence must be gathered as to whether there was negligence and whether the conduct in question actually amounts to negligence.


Because specialized knowledge and experience are required to make this determination, an ordinary person may find it difficult to gather and analyze the evidence directly.


▶ Article 750 of the Civil Act (Definition of Tort)

A person who causes loss to or inflicts injuries on another by an unlawful act, intentionally or negligently, is liable to compensate for the resulting damages.

2. Matters in Which the Gwangju Medical Attorney Assisted

Through consultation with the client, the Gwangju medical attorney examined the circumstances of the case in detail and gathered evidence.


After analyzing the gathered materials, the attorney made the following arguments.

Breach of the Duty of Care

Generally, specialized medical staff have a duty of care to recognize that complications may arise from surgery and other medical procedures, and to minimize excessive removal of lesions and manipulation of instruments.


The attorney emphasized that the defendant hospital breached this duty of care, and that its negligence in rupturing the client's dura mater was clear.

Delay in Taking Measures

In the case of this surgery, temporary after-effects may occur following the operation, but where severe hemiplegia appears, conditions such as cerebral infarction or spinal cord injury may be suspected.


The attorney emphasized that, although there was a duty of care to promptly perform a detailed examination such as an MRI to prevent the condition from worsening, the defendant hospital took no measures other than physical therapy, and the client's symptoms grew more severe as a result.

3. Gwangju Medical Attorney, Result of the Medical Malpractice Suit: “Damages Granted”

The court accepted the Gwangju medical attorney's arguments and ruled in the client's favor.


Satisfied with the result, the client visited the Gwangju office to express thanks to the medical attorney.

If You Need Assistance With a Medical Malpractice Suit

If you have suffered a medical accident, as the client did, you must gather evidence such as the facts of the case, surgical records, and treatment and examination findings, in order to establish the specialist's negligence.


Because this is a somewhat complex process, consulting an attorney can be helpful.


Daeryun Law Firm systematically gathers the necessary evidence through an overall analysis of the case and works with medical experts to clearly establish whether there was negligence.


If you are facing difficulties in a situation similar to the case above, you are welcome to entrust your medical accident case to a 🔗Gwangju attorney at any time.

광주의료전문변호사

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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