CONTENTS
- 1. The Client Seeking to File a Medical Accident Damages Claim
- - The Client's Requests
- 2. Explanation of the Concept of Medical Accident Damages
- - Medical Accident Damages Litigation Procedures
- 3. Medical Attorney's Assistance with Medical Accident Damages
- - Proving the Medical Staff's Breach of the Duty of Care
- - The Arising of the Plastic Surgery Medical Staff's Liability for Damages
- - Scope of Damages
- 4. Medical Accident Damages Claim Outcome
1. The Client Seeking to File a Medical Accident Damages Claim
This is the account of a client who sought to claim damages for a medical accident.
The client visited a mid-sized hospital for routine treatment purposes and underwent a relatively simple procedure.
However, immediately after the procedure, unexpected difficulty breathing, chest pain, and a systemic inflammatory reaction appeared, and the client was ultimately transferred to a university hospital emergency room.
The emergency room examination confirmed that the dose of medication administered during the procedure had exceeded the appropriate standard and that the necessary observation and measures had not been taken immediately after the procedure.
In the subsequent detailed examination, it was determined that the drug components had abnormally remained in the body and induced inflammation, and the client required several weeks of inpatient treatment and the administration of antibiotics.
In addition, even during recovery, aftereffects such as limited range of motion, long-term pain, and sleep disorders remained, and inconvenience continued throughout daily life.
The Client's Requests
The client raised the issue with the hospital, but the hospital maintained its position that "there was nothing abnormal in the course of treatment" and denied responsibility.
The client therefore requested a professional review of whether there had been negligence by the medical staff and whether compensation for the medical expenses and the psychological harm was possible.
2. Explanation of the Concept of Medical Accident Damages
A medical accident refers to an incident in which, during the course of a patient's treatment, the patient suffers physical or psychological harm due to a medical professional's fault (negligence) or a problem with medical equipment, among other causes.
In addition to a medical professional's fault, harm resulting from an unavoidable risk in the course of treatment or from a breach of the duty to explain may also be included in a medical accident.
▶Types of medical accidents
Mistakes during surgery or a procedure: misuse of instruments, error in the surgical site
Medication fault: erroneous administration of a drug, error in dosage
Breach of the duty to explain: insufficient explanation of risks and side effects before treatment
Defect in medical equipment
Damages refers to a person who has suffered harm due to another's tort or breach of contract being compensated in money by the wrongdoer for that loss.
▶Types of damages
Non-pecuniary loss: consolation money for psychological suffering
Medical Accident Damages Litigation Procedures
Damages for a medical accident refers to the procedure in which a patient or guardian who has suffered loss due to a medical accident files a civil lawsuit against the medical practitioner or hospital to claim medical expenses, consolation money, and other amounts.
In medical litigation in particular, proving the medical practitioner's negligence and the causal relationship is central, and for this purpose appraisal of medical records and expert medical appraisal reports serve as important evidence.
The procedure for a medical accident 🔗damages lawsuit is as follows.
| Stage | Main content |
| 1. Occurrence of the incident and collection of materials | Securing medical records, surgical records, informed consent forms, photographs, and video materials |
| 2. Attorney consultation and legal review | Review of the Medical Service Act and precedents, and assessment of negligence and causation |
| 3. Certified content mail (not a mandatory step) | Sending certified content mail requesting settlement to the hospital |
| 4. Filing of the complaint | Filing the complaint for a claim for damages with the court of jurisdiction |
| 5. Application for appraisal | Applying to the court for a medical appraisal |
| 6. Pleading and examination of evidence | Statements by both parties, appraisal results, and submission of evidence |
| 7. Pronouncement of judgment | Whether negligence and loss are recognized, and determination of the amount of damages |
3. Medical Attorney's Assistance with Medical Accident Damages
In order to file the medical accident damages suit, the medical specialist attorney provided assistance as follows.
Proving the Medical Staff's Breach of the Duty of Care
The medical specialist attorney closely analyzed the medical and medication records and confirmed that the amount of the drug administered had exceeded the usual standard, and that prompt observation and additional measures had not been carried out when the adverse reaction occurred.
The attorney logically framed such a matter as an act contrary to "the duty of care under which a medical practitioner must take the best measures to prevent danger according to the patient's symptoms."
The Arising of the Plastic Surgery Medical Staff's Liability for Damages
Supreme Court, Judgment of March 23, 2001, 2000Da20755, and others
Such a duty of care on the part of the physician is to be measured by the level of medical practice actually being practiced in the field of clinical medicine, such as at medical institutions, at the time of the medical act. Since that medical level means so-called medical common knowledge that is generally known to and accepted by an ordinary physician at the time of the medical act, it is to be grasped as a normative level in consideration of the treatment environment and conditions, the special characteristics of the medical act, and other factors.
According to Supreme Court precedent, when a physician performs a medical act, the physician has a duty of care to take the best measures required to prevent danger in accordance with the patient's symptoms.
However, the attorney emphasized that the medical staff in this case breached this duty of care and thereby caused the client psychological and physical harm, so they bear liability for damages.
Scope of Damages
The medical specialist attorney calculated and claimed 62 million won as the scope of damages, adding 30 million won in consolation money to the past medical treatment expenses.
At this time, the attorney also filed an application for appraisal of the medical records and an application for physical appraisal to prove the medical staff’s negligence and the loss sustained by the client.
4. Medical Accident Damages Claim Outcome
As a result of the medical accident damages claim, the client recovered 60 million won.
The court recognized most of the amount, including medical expenses and consolation money for the client.
The client had been unable to properly maintain daily life due to the medical accident, but was able to obtain this result because of the assistance of the medical attorney.
In the case of medical accident damages, securing the assistance of an expert with both medical and legal knowledge makes it easier to prove the facts of the harm.
This firm provides one-stop legal services through the collaboration of medical attorneys, civil attorneys, and the evidence investigation center.
Moreover, when necessary, it also collaborates with criminal attorneys to handle representation in filing a complaint for a violation of the Medical Service Act.
If you need legal assistance, please proceed right now with a 🔗legal consultation reservation.
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.
