Damages for Medical Accidents

A medical accident refers to a case in which a medical professional fails to fulfill the duty of care in the course of treatment, resulting in physical or mental harm to the patient.

This may arise from intent or negligence, and when harm is caused to a patient's health, life, or body, it may lead to a legal dispute.

A medical practitioner bears a contractual obligation to provide medical services to the patient under the treatment contract, and even after receiving the medical fee and commencing treatment, the practitioner must observe the duty of care and the duty of faithful performance required under the medical contract.

Where these duties are not fulfilled, the conduct may be assessed as non-performance of obligation regardless of the treatment outcome, and liability for damages may arise for the practitioner or the medical institution.

Where, in the course of a medical procedure, a medical professional fails to fulfill the duty of care ordinarily expected, this may be assessed as a tort.

Even where no medical contract exists, if harm results to a patient from a medical professional's breach of the duty of care, liability for damages may become an issue.

For liability for damages to be established under the Civil Act, all four of the following requirements must be satisfied.

When a medical accident occurs, a medical practitioner may wish to develop a strategy to minimize the scope of liability by securing sufficient medical records, gathering objective evidence, and responding procedurally.

Medical negligence means a case in which medical personnel fail to exercise the duty of care required at the ordinary level of medical practice, resulting in damage.

For example, it presupposes that the medical personnel's conduct fell short of the general standard, as where the patient's condition was overlooked or a mistake was made during surgery.

For negligence to be recognized, whether objectively assessable damage such as death, injury, or delayed treatment actually occurred is at issue, and it must be objectively shown that the cause lay in the medical personnel's carelessness.

A medical practitioner must provide the patient with sufficient necessary information during the treatment process and obtain the patient's consent.

This duty to explain goes beyond mere guidance and means providing information so that the patient can autonomously decide whether to undergo treatment.

The duty to explain is broadly divided into three types.

Whether the duty to explain was fulfilled becomes a key issue in a dispute, and depending on whether the scope and method of the explanation were appropriate, the scope of the medical practitioner's liability may be limited or denied.

Under the Medical Service Act, for a medical procedure that has a serious effect on life or the body, such as surgery, general anesthesia, or a blood transfusion, the practitioner must clearly explain to the patient the key matters such as the diagnosis, the necessity of the procedure, the method, and the aftereffects, both orally and in writing, and must obtain consent.

A violation can result not only in civil liability for damages but also in an administrative fine of up to 3 million won.

In other words, where the explanation was merely formal, it may be assessed as an unfavorable circumstance in a dispute, so it is necessary to manage the content and method of the explanation so that they can be objectively proven.

A medical professional's duty of care is not limited to a simple mistake, and it also includes cases in which, during the course of treatment, the professional foresaw the occurrence of a result yet did not take appropriate measures to prevent it.

Supreme Court precedent also assesses in detail whether a medical professional was negligent according to these criteria, and this is an important factor of judgment that is repeatedly applied in similar medical accident cases.

▶ Relevant precedent

A medical practitioner or medical institution should first carefully review the course of treatment and the circumstances of the medical act, and it is important to systematically organize the following related materials and to record the situation at the time the incident occurred.

The objective materials secured serve as key evidence proving the absence of negligence by the medical practitioner and the lawfulness of the treatment provided.

At the early stage of a dispute, a medical practitioner should not respond emotionally, nor should the practitioner, in an attempt to conclude the matter early, propose settlement money or make statements acknowledging liability.

Such conduct may later be interpreted in civil or criminal proceedings as circumstances in which the medical practitioner acknowledged their own fault, so the direction of the response should be decided only after sufficient consultation with a professional.

In connection with a medical accident, even if a patient files a criminal complaint or accusation, it does not immediately lead to punishment or settlement.

A medical practitioner should refrain from emotional responses, respond calmly with a focus on the facts in accordance with the investigation procedure, and it is advisable to receive the assistance of a legal expert from the early statement stage.