CONTENTS
- 1. The Client Who Sought Out the Medical Attorney
- - The Circumstances That Required Medical Knowledge
- 2. The Issues of the Case as Explained by the Medical Attorney
- - Whether a Civil Damages Claim Is Possible After a Criminal Acquittal
- 3. The Assistance Provided by the Medical Attorney
- - Proving the Defendant Company's Breach of Its Duty of Safety Consideration
- - Emphasizing the Absence of the Deceased's Prior Medical History
- - Submission of Medical Research Findings
- - Emphasis on Legal and Social Causation
- 4. With the Medical Attorney's Assistance, the Claim for Damages Was Granted
- - Industrial Accident Damages Requiring Both Medical and Legal Knowledge
1. The Client Who Sought Out the Medical Attorney
This is a case in which the client who sought out the medical attorney, in a situation where the cause of the father's death was unclear, was able to have substantial compensation recognized by the court through a meticulous legal strategy.
The Circumstances That Required Medical Knowledge
With the precise cause of the fatal accident not clearly established, the client sought the help of a medical attorney in order to establish responsibility for the unjust death of his father.
This was because, in the initial investigation of the industrial accident, interpretations differed as to whether the father's cause of death was ‘death by acute myocardial infarction’ or ‘death by trauma.’
Ultimately, in the criminal trial an acquittal was pronounced on the ground that it was difficult to conclude the site manager's negligence.
The bereaved family, however, claimed that “the inadequate safety and poor management at the site were the direct cause of the accident,” and requested a consultation in order to proceed with a civil action with the assistance of a medical attorney.
2. The Issues of the Case as Explained by the Medical Attorney
The greatest issue in this case, which the medical attorney handled, was whether the deceased's cause of death was the fall or the myocardial infarction.
During the criminal trial, the medical examiner who appraised the medical records expressed the following opinion.
∙ Apart from a subcutaneous hematoma of the head, no traumatic injuries such as skull fracture or traumatic cerebral hemorrhage were identified.
∙ Therefore, it is difficult to conclude that head trauma was the cause of death.
∙ However, it cannot be concluded whether the myocardial infarction occurred first and caused the fall, or whether the fall induced the myocardial infarction.
Because of this medical uncertainty, in the criminal trial the site manager was acquitted on the ground that “it is difficult to exclude the possibility that the deceased's death was caused by another cause, such as a myocardial infarction, unrelated to the fall.”
In the action for damages, however, the issue was different.
The key issues were whether the defendant company had failed to fulfill its duty of safety consideration such that the fall accident occurred, and whether a causal relationship between that fall and the death could be recognized under civil standards.
Whether a Civil Damages Claim Is Possible After a Criminal Acquittal
One might think that if an acquittal is reached in a criminal trial, a civil claim for damages would be impossible.
However, because criminal and civil proceedings apply different standards of adjudication, even if an acquittal is pronounced in a criminal case, liability for damages may be recognized in a civil case.
: To recognize the defendant's criminal liability, a causal relationship must be proven clearly enough to leave no reasonable doubt.
∙ Civil trial
: Even where medical or natural-scientific certainty is lacking, damages are possible if a social and legal causal relationship is recognized.
In other words, if it is confirmed that safety measures at the industrial site were inadequate and that the accident occurred as a result, there was a possibility that the court would recognize the defendant company's liability for damages.
Noting this point, the medical attorney actively provided assistance so that the clients, who were the children of the deceased, could be compensated for their loss.
3. The Assistance Provided by the Medical Attorney
Even in a situation where the medical cause itself was unclear, the medical attorney precisely constructed the reasoning by which legal responsibility could be established, and provided assistance as follows.
Proving the Defendant Company's Breach of Its Duty of Safety Consideration
The medical attorney first focused on establishing the connection between the inadequate on-site safety management and the occurrence of the fall accident.
At the time of the incident, the site manager was away, the ladder had no anti-slip device, and no support personnel had been assigned.
Accordingly, relying on occupational safety and health regulations, the medical attorney argued that the defendant company had breached its duty of safety consideration.
Emphasizing the Absence of the Deceased's Prior Medical History
The medical attorney also focused on highlighting the fact that the deceased had no prior history of heart disease, circulatory disease, or any similar condition.
This was used as an argument to lower the likelihood of a naturally occurring myocardial infarction.
Ultimately, the high probability that the death would not have occurred but for the accident was emphasized, which helped to strengthen the proof of causation.
Submission of Medical Research Findings
The medical attorney submitted to the court domestic and international medical research findings and academic materials indicating that ‘blunt chest trauma can cause coronary artery damage or myocardial contusion, leading to a myocardial infarction.’
Through this, the attorney highlighted that, even between a simple fall and death, sufficient medical probability exists.
Emphasis on Legal and Social Causation
Even if a definitive medical conclusion is difficult, from a social and legal perspective the accident and the death can be regarded as closely connected.
Accordingly, the medical attorney, relying on the precedent below, argued logically that proximate causation need not be proven by scientific means alone.
Supreme Court Decision 2002Da564, rendered on October 11, 2002
4. With the Medical Attorney's Assistance, the Claim for Damages Was Granted
Owing to the meticulous assistance and logical evidentiary strategy of the medical attorney, the court found that proximate causation existed between the defendant company's breach of its duty of care for safety and the decedent's death.
Although in the criminal trial an acquittal was pronounced on the ground that no clear medical cause had been established, in the civil trial the connection between the inadequate safety measures and the occurrence of the accident was recognized, and the claim for damages of approximately 97 million won was granted.
: Acquittal pronounced because causation could not be conclusively established scientifically
∙ Civil trial
: Social and legal causation between the breach of the duty of care for safety and the death recognized
Industrial Accident Damages Requiring Both Medical and Legal Knowledge
This case clearly demonstrates that a criminal acquittal does not necessarily lead to the dismissal of a civil claim for damages.
In particular, it confirmed that even where the medical cause is unclear, a claim for damages is possible if social and legal causation between a breach of the duty of care for safety and the death is proven.
This firm has attorneys with experience handling numerous construction-site and industrial accident cases.
The firm maintains a collaborative system of specialists by field, including medical attorneys and industrial accident attorneys, and is able to provide systematic assistance even in cases that simultaneously require medical knowledge and legal analysis.
If you are considering a claim for damages arising from an industrial accident, please feel free to entrust your case to us at any time through 🔗Legal Consultation Reservation.
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