Settlement Representation Assistance | Conducting a Settlement on Behalf of a Medical Accident Client

The client, who visited the hospital with back pain, underwent a procedure following the medical staff's explanation.

However, pain developed in the flank area immediately after the procedure, and the client reported the abnormal symptoms to the hospital.

Despite this, the hospital judged it to be a common ordinary reaction after the procedure and took no particular measures.

That night, however, as the pain worsened and was accompanied by vomiting, the client returned to the hospital via 119, and was ultimately transferred to Hospital B.

At Hospital B, a penetrating wound, kidney damage, and a hematoma were diagnosed, and the kidney was determined to have been damaged by a sharp instrument, so the client could only be discharged after receiving intensive care unit treatment.

The client then came to our firm to hold the hospital accountable for its negligence, and entrusted a medical law attorney with sending certified mail and handling the settlement.

Hospital B, to which the client was transferred, diagnosed that the client had sustained a penetrating injury to the kidney from a needle during the procedure.

Accordingly, this case was assessed as a matter in which the medical staff’s negligence had, in effect, already been recognized through Hospital B’s medical judgment, and there was no room for doubt as to the causal relationship between the physician’s procedure and the kidney damage.

Therefore, although a criminal complaint as well as a civil claim for damages was fully possible, the approach taken was first to proceed with a settlement at an appropriate amount in order to promptly achieve recovery of the client’s loss.

The procedure the client underwent carries the risk that, if the needle is inserted too deeply or enters the wrong position, it may penetrate the kidney. To that extent, the medical staff had a duty of care to carefully verify the patient's anatomical structure before the procedure and to perform it in the correct position.

In response, the medical attorney reviewed whether the medical staff were at fault based on the client's medical records, and nowhere in those records was there any content confirming that the kidney's position had been sufficiently verified or that the relevant area had been closely observed.

Accordingly, the medical attorney clearly pointed out, through means such as a certified content letter, that the medical staff had inserted the needle without any position-verification procedure and thereby caused a serious accident penetrating the kidney.

The client returned to the hospital complaining of severe pain immediately after the procedure, but the medical staff sent the client home without taking any particular measures.

In fact, a review of the medical records in this case clearly showed that the medical staff had not taken any follow-up measures, such as examination or treatment for the pain.

Accordingly, the medical attorney pointed out that the inadequate follow-up measures could also be recognized as gross negligence on the part of the medical staff.

A medical accident settlement involves many complex issues, such as calculating the scope of harm and determining the proportion of fault, so it is advisable to obtain the help of a specialist attorney with extensive experience in medical cases and disputes.

Our firm has many specialist attorneys with extensive know-how in medical cases such as medical accidents.

Accordingly, it thoroughly analyzes the medical records and medical materials related to the case and systematically establishes an effective response strategy.

If you need assistance with a settlement in a situation such as the above, please request assistance from a medical attorney at any time.