CONTENTS
- 1. The Client Seeking to Claim Medical Accident Damages
- - Timeline of the Medical Accident Involving the Client's Father
- 2. Explanation of the Concept of Medical Accident Damages
- - Procedure for a Medical Accident Damages Claim
- 3. The Medical Attorney Who Pursued the Medical Accident Damages Claim
- - The Hospital Is Liable for Damages
- - The Hospital's Negligence
- - Damages Owed to the Client
- 4. Outcome of the Medical Accident Damages Claim
1. The Client Seeking to Claim Medical Accident Damages
This is the story of a client who requested the firm’s assistance in seeking damages for a medical accident.
The client claimed that her father, who had been admitted to a hospital to have gallstones removed, died after the surgery, and that the cause of death was the hospital’s negligence.
After her father’s death, the client went to the hospital and demanded that it take responsibility for the medical accident, but the hospital is said to have ignored this.
The client requested help so that she could seek damages for the medical accident and at least receive monetary compensation for her father’s death.
Timeline of the Medical Accident Involving the Client's Father
The attorney specializing in medical matters decided to bring a medical accident damages lawsuit on behalf of the client.
For the claim for damages, the medical accident timeline of the deceased that was heard from the client was as follows.
2. Diagnosis of cholecystitis accompanied by gallstones
3. Performance of gallstone removal and cholecystectomy
4. Complaint of pain at the surgical site after the operation
5. Additional administration of painkillers
6. Complaint of severe pain
7. Decline in consciousness and blood pressure
8. Respiratory distress, and death despite the application of cardiopulmonary resuscitation
To resolve the case, this firm had an attorney specializing in medical matters, an attorney specializing in civil matters, and the Evidence Investigation Center collaborate in responding.
2. Explanation of the Concept of Medical Accident Damages
A medical accident refers to an unexpected accident occurring during medical treatment that causes physical or psychological harm to the patient.
A medical accident does not necessarily mean a case involving fault on the part of the medical practitioner, and it is broadly divided into the following two types.
This is harm arising from a medical practitioner’s violation of the duty of care, negligence in treatment, or similar causes.
In this case, the victim must prove the medical practitioner’s negligence in order to claim damages.
▪️ Medical accident without fault
This is an accident that occurs despite the medical practitioner having fulfilled the duty of care.
For example, a rare side effect or an unforeseeable constitutional reaction falls under this category.
Damages refers to recovering, either by restoration to the original state or in monetary terms, the loss suffered as a result of another party’s tort, breach of contract, or similar cause.
Under Article 750 of the Civil Act, it is provided that a person who causes loss to another by intent or negligence is liable to compensate for that loss.
Pecuniary loss : treatment costs, nursing costs, loss of income, funeral expenses, and the like
Non-pecuniary loss : consolation money for mental suffering
To claim damages, the following four requirements must be met for damages to be recognized: ① occurrence of loss, ② an unlawful act, ③ intent or negligence, and ④ a causal relationship.
Accordingly, 🔗damages for a medical accident refers to a case in which the medical practitioner or hospital bears liability to compensate for the loss caused to the patient by an accident occurring during medical treatment.
If a medical practitioner’s negligence or similar fault is found in the medical records, the course of surgery, the cause of death, or the like, liability for damages arises.
However, where negligence is not proven or the accident is recognized as a force majeure event, there may be no liability for compensation.
Procedure for a Medical Accident Damages Claim
Stage | Key Content | Remarks |
① Organizing the incident | Organizing the facts and noting the sequence of events | Begins immediately after the incident |
② Securing medical records | Requesting inspection and copies from the hospital | A right under the Medical Service Act |
③ Medical appraisal | Determining negligence through an appraisal opinion | Arbitration agency or court |
④ Selecting the method of claim | Civil litigation or medical dispute mediation | Selected according to the circumstances |
⑤ Calculating the loss | Proving medical expenses, income, consolation money, and other items | Objective materials are required |
⑥ Implementing the result | Payment of the amount upon a judgment or successful mediation | Compulsory execution is available in case of non-payment |
🔗Medical Accident Damages Litigation places the burden of proof on the patient, so it can be advantageous to proceed with the case together with a medical attorney who has the relevant knowledge and expertise.
3. The Medical Attorney Who Pursued the Medical Accident Damages Claim
The medical attorney made the following arguments in order to claim medical accident damages.
The Hospital Is Liable for Damages
The medical law specialist attorney argued, citing the following precedent, that the hospital in this case bore liability for damages.
In a claim for damages arising from a breach of the duty of care in a medical act, where the injured party, on the basis of the common sense of an ordinary person, proves a negligent act committed in the course of a series of medical acts and proves that no cause other than the series of medical acts could have intervened between that act and the result, it is the established precedent of the Supreme Court to presume a causal relationship between the medical negligence and the result and thereby ease the burden of proof so that liability for damages may be imposed. (See Supreme Court Decision 2017Da6726 rendered on February 6, 2020.)
The Hospital's Negligence
The medical attorney argued that the hospital had the following faults.
1. During the surgery, it used an electrocautery instrument excessively, causing complications such as extensive thermal damage to the surgical site and postoperative adhesions
2. Although the adhesion of the cholecystitis site of the client’s father was severe at the time of surgery, the hospital did not record whether an anti-adhesion agent was used, and whether the treatment was performed cannot be confirmed
3. The hospital did not perform a thorough examination of the client’s father’s pain after the surgery
4. The hospital continuously administered painkillers to the client, causing impairment of renal function
Damages Owed to the Client
The medical law attorney argued that the medical accident occurred due to the hospital's fault and the client's father died, and therefore the client, as the heir, should be compensated for the loss.
The medical law attorney requested a judgment ordering payment to the client of 100 million won for the income the client's father could have earned by working until the age of 65 had he not died, together with medical expenses, funeral expenses, and consolation money.
4. Outcome of the Medical Accident Damages Claim
After the medical malpractice attorney filed a medical accident damages lawsuit on behalf of the client, the court rendered a judgment ordering the hospital to pay the client 90 million won.
In addition, the client was able to avoid bearing any of the costs incurred in this lawsuit.
The client expressed gratitude, saying that it was hard to believe that the client's father had died as a result of a medical accident, and that he was thankful for the help in being able to receive compensation for the harm, at least in monetary terms.
A medical accident can happen to anyone at any time.
If you have suffered significant harm due to a medical accident, you should claim damages to be compensated for the harm.
However, hospitals often have a legal team, so it is very difficult for an individual to respond, and the help of a medical malpractice attorney with extensive medical and legal knowledge may be needed to obtain the desired result.
This firm has medical malpractice attorneys, damages attorneys, an evidence investigation center, and other related legal experts collaborate to propose a solution suited to the client's case.
If you need help with a medical accident damages claim, please proceed right now with a 🔗legal consultation reservation.
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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.
