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Deals & Cases

Damages (medical)

Hospital Medical Accident Settlement Case | A Fatal Medical Accident, Amicably Settled

The client who requested a legal consultation in connection with a hospital medical accident sought out a medical specialist attorney with extensive experience in medical accidents in order to claim damages for the death of the client's mother.

CONTENTS
  • 1. The Client Who Came to Resolve a Hospital Medical Accident
    • - How the Medical Accident Occurred
  • 2. Hospital Medical Accidents and Calculation of Settlement Amounts
    • - How to Calculate the Settlement Amount in a Medical Accident
    • - The Client's Main Requirements
  • 3. The Attorney's Negotiation Strategy for Resolving a Hospital Medical Accident
    • - Verification of the Facts and Securing of Materials
    • - Demanding a Responsible Apology and Recurrence Prevention Measures from the Hospital
    • - Assistance with Damages Negotiation
    • - Acting as the Channel of Communication
  • 4. Result of Assistance with a Hospital Medical Accident: Settlement Reached
    • - Advice for Resolving a Hospital Medical Accident

1. The Client Who Came to Resolve a Hospital Medical Accident

This is a case in which a client who experienced a hospital medical accident was able to reach a settlement smoothly on the terms they had sought through the assistance of a medical specialist attorney.

How the Medical Accident Occurred

The client's mother was hospitalized in the rehabilitation medicine ward following a diagnosis of cerebral hemorrhage.

Up until the day before the incident she had conversed as usual, and only a few hours before her death a video call had confirmed that she was in a stable condition.

At around 3 a.m., however, she suddenly went into cardiac arrest at the hospital and ultimately died without being resuscitated.

The hospital stated that the attending nurse immediately administered emergency treatment upon confirming an oxygen saturation reading of 0%, but that it was unsuccessful.

It was confirmed, however, that the central monitoring equipment did not sound an alarm at the time, and the caregiver had also fallen into a deep sleep, so the emergency was not detected early.

Subsequently, the bereaved family, suspecting negligence in the hospital's management and inadequacy in its initial response, in order to claim damages arising from the hospital medical accident, requested legal assistance.

Background of the hospital medical accident case study

2. Hospital Medical Accidents and Calculation of Settlement Amounts

A hospital medical accident refers to a situation in which a dispute arises because harm has occurred to a patient's life, body, or property in the course of diagnosis, treatment, medication, or management carried out at a hospital.

In such cases, the methods of resolution are divided as follows.

Category

Description

Settlement

An agreement in which the patient and the hospital make mutual concessions to conclude the matters of compensation and liability

Conciliation

A procedure in which the Korea Consumer Agency or the Korea Medical Dispute Mediation and Arbitration Agency intervenes to examine whether there was negligence and a causal relationship and to prepare a settlement proposal

Arbitration

A procedure in which the matter is concluded according to the decision of an arbitrator rather than through a court trial

Civil litigation

Litigation brought by alleging negligence in any part of the entire medical process, such as the physician's medical treatment, the hospital's management of personnel and facilities, or the medical delivery system

(* generally premised on a claim for damages)

Criminal complaint

A procedure in which a medical practitioner is the subject of a complaint or accusation for a medical accident caused by medical negligence, seeking punishment by the state for the practitioner's unlawful act

How to Calculate the Settlement Amount in a Medical Accident

The settlement amount for a medical accident is calculated to include treatment costs, consolation money, loss of income during absence from work, future treatment costs, and other expenses.

∙ Treatment costs : actual treatment expenses incurred, such as hospital medical fees, hospitalization fees, and the cost of medication

∙ Consolation money : compensation for the mental suffering caused by the medical accident

∙ Loss of income during absence : the loss of income arising from being unable to work due to the accident

∙ Future treatment costs : additional expenses arising when an after-effect disability or long-term treatment is anticipated

∙ Other : nursing care costs, transportation costs, and the like

The settlement amount varies according to the degree of the medical staff's negligence and the degree of the harm.

In particular, the amount fluctuates greatly depending on the degree of injury, the degree of after-effect disability, whether death resulted, and the like.

The Client's Main Requirements

In this hospital medical accident case, the client placed primary emphasis on the following points.

▷ Transparent clarification of how the accident occurred

▷ A sincere apology from the hospital and measures to prevent recurrence

▷ Reasonable compensation for damages

▷ Proceeding with a settlement through smooth communication (preparing for civil litigation if it falls through)

Accordingly, the medical attorney established a negotiation strategy that thoroughly reflected the client's requests.

3. The Attorney's Negotiation Strategy for Resolving a Hospital Medical Accident

Hospital medical accident, basis for calculating the settlement amount, negotiation strategy

To resolve the hospital medical accident case, the attorney specializing in medical cases clearly organized the legal issues, secured objective materials, and actively asserted the client's rights during the negotiation process.

Verification of the Facts and Securing of Materials

As to the malfunction of the alarm on the central monitoring device, which was a key issue in this case, the hospital argued that it was an error caused by a mere communication failure rather than a mechanical defect.

The attorney specializing in medical matters therefore carried out the following verification and rebuttal, and combined the documents and statements secured in this process to support the possibility of the hospital's liability.

∙ Comprehensively demanding from the hospital all materials related to the monitoring equipment

∙ Attempting technical verification through an independent third-party institution

∙ Providing a logical rebuttal to the claim of a communication failure

∙ Confirming and analyzing whether the initial response was delayed

Demanding a Responsible Apology and Recurrence Prevention Measures from the Hospital

It was a situation in which monetary compensation alone made it difficult for the client's psychological wounds to heal.

Taking this into account, the medical attorney strongly demanded that the hospital provide an official apology and establish measures to prevent recurrence.

∙ Securing an official apology at the hospital level

∙ Setting out in writing measures to prevent recurrence and to strengthen safety management

∙ Including specific implementation provisions in the settlement agreement

Assistance with Damages Negotiation

On the basis of the legal principles of medical negligence, the medical law attorney presented a compensation proposal that took into account both the emotional and the economic harm, and conducted settlement negotiations.

▷ Reflected consolation money for the bereaved family and emotional damage

▷ Coordinated the hospital's counterarguments during the negotiation process to arrive at a reasonable settlement amount

Acting as the Channel of Communication

The medical law attorney mediated between the client and the hospital so that no misunderstanding would arise, and carefully managed the entire negotiation process.

In particular, the attorney shared the progress of the negotiations transparently, and provided support to maintain smooth communication in order to minimize emotional conflict.

In addition, the attorney actively assisted throughout the entire process up to the conclusion of the case, including the preparation of certified content mail and documents, and the review of the settlement agreement.

4. Result of Assistance with a Hospital Medical Accident: Settlement Reached

Hospital medical accident, result of assistance, settlement reached

Through the systematic assistance of the attorney specializing in medical cases who handled the hospital medical accident case, the matter was concluded through an amicable settlement.

The hospital acknowledged the possibility of negligence by the medical staff and accepted a settlement proposal that included damages, a formal apology, and measures to prevent recurrence.

As a result, the client was able to secure compensation for the harm and a clear ascertainment of the facts without unnecessary litigation, and the matter was concluded successfully.

Advice for Resolving a Hospital Medical Accident

Because a hospital medical accident is a matter directly bearing on the patient's life and health, a prompt and specialized response is important.

Law Firm Daeryun includes many attorneys with extensive experience in medical cases, and it has the expertise to respond comprehensively, covering not only settlement, conciliation, and arbitration but also civil and criminal litigation.

In addition, many medical specialist attorneys with specialized knowledge, including experience at the Korea Medical Dispute Mediation and Arbitration Agency and pharmacist qualifications, are on hand, which makes it possible to establish a strategy tailored to the client's situation.

If you require a legal response owing to a medical accident, please 🔗schedule a legal consultation to entrust the case.

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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