[Seocho Legal Consultation Success Case] Client Who Prevailed in a Medical Lawsuit Through a Seocho Legal Consultation

The client, who came to Daeryun for a Seocho legal consultation, underwent calf liposuction after being told only that it was a simple procedure by the attending medical staff.

However, after the procedure, the client's foot began to droop and weaken, leading to frequent falls, along with abnormal sensation in the left lower limb.

Alarmed by the sudden symptoms, the client informed the doctor who had performed the surgery, but the doctor only said the condition would improve over time and took no other measures.

The symptoms worsened over time, and after undergoing an ultrasound examination at another hospital, the client was diagnosed with peroneal nerve injury and was left with a permanent disability.

The client then decided to pursue a medical accident lawsuit and came to Daeryun for a Seocho legal consultation.

■ The Legal Principles Related to the Case, Reviewed Through the Seocho Legal Consultation

▶ Unless there is an emergency patient or other special circumstance, a doctor who performs a medical procedure on a patient that poses a risk to the human body through surgery has a duty, as a premise for obtaining consent to it, to explain to the patient in advance the matters deemed reasonable in light of the medical standards at the time, such as the symptoms of the disease, the content and necessity of the treatment method, the prognosis, and the anticipated risks to life and body and side effects, so that the patient may have the opportunity to decide on his or her own whether to undergo the surgery or medication(Supreme Court Decision 96Da7854, February 13, 1998).

▶ A doctor's duty to explain cannot be exempted merely on the ground that the likelihood of the anticipated risks to life and body and side effects is low; where such risks and side effects are risks that typically arise from the treatment in question or are serious and irreversible, they are subject to the duty to explain notwithstanding the low likelihood of their occurrence(Supreme Court Decision 96Da7854, February 13, 1998).

▶ Because cosmetic surgery is clearly also a medical procedure within the category of treatment of disease, the foregoing legal principles concerning the duty to explain apply in the same manner where, in the course of such cosmetic surgery, a doctor performs an invasive procedure on the patient(Supreme Court Decision 2002Da48443, October 25, 2002).

Through the Seocho legal consultation, Daeryun's specialist attorney argued that the attending medical staff had violated the duty to explain.

Before undergoing the calf liposuction, the client was told only that it was a simple procedure by the attending medical staff, and was never asked to sign a consent form or given any explanation about the possibility of peroneal nerve injury.

In addition, in performing this medical procedure, the attending medical staff did not explain the client's right of self-determination or, in advance, the prognosis of this surgery and the anticipated side effects and risks to life and body.

The client asserted that, had he or she known in advance that there was a possibility of peroneal nerve injury, he or she would not have undergone the calf liposuction.

Through the Seocho legal consultation, Daeryun's specialist attorney argued that the attending medical staff had violated the duty to explain, and that the client consequently sustained a permanent disability.

Through the Seocho legal consultation, Daeryun's specialist attorney argued that the attending doctor who had performed the calf liposuction on the client had breached the duty of care.

When performing calf liposuction using radiofrequency, because the peroneal nerve runs near the treatment site, there is a duty of care to operate carefully so as not to damage it.

However, the attorney argued that, due to the attending doctor's breach of the duty of care, the peroneal nerve of the client, who had no notable prior medical history, was damaged.

The client, who came to Daeryun for a Seocho legal consultation, was in a situation requiring the assistance of a specialist attorney to file a medical accident lawsuit after sustaining a permanent disability following calf liposuction.

Daeryun formed a team of attorneys with extensive experience in medical accidents and assisted with the overall procedures of the lawsuit.

As a result, the court accepted Daeryun's arguments, and the client was able to receive tens of millions of won in damages from the attending doctor.

If you are struggling with a medical accident like the client above, you may consider seeking assistance through a Seocho legal consultation at Daeryun Law Firm.