Daegu medical litigation lawyer assistance case | Successful defense against a claim for damages of a large amount with the assistance of a Daegu medical litigation lawyer

The client who came to the Daegu medical litigation attorney was a well-known dentist who operated a large hospital in Daegu.

About five years ago, an elderly person received an implant procedure from the client due to dental aging.

Recently, when the elderly patient returned to the dental clinic with pain at the implant site, examination of the patient's condition revealed serious inflammation, requiring removal of the implant.

The client fully explained the reason for removal to the elderly patient, obtained consent, and removed the implant.

However, the elderly patient claimed that, because reimplantation was not carried out after the removal of the implant, she had developed underlying conditions such as a cerebral hemorrhage, and filed a claim for damages in a substantial amount.

The client therefore visited Daeryun to defend against the case with the assistance of a Daegu attorney with extensive experience in medical litigation.

■ Legal principles related to the case, as explained by the Daegu medical litigation attorney

Civil Act (Civil Code), Article 750 (Substance of Tort)
A person who causes loss to another by an unlawful act, whether intentional or negligent, shall be liable to compensate for such loss.

Civil Act (Civil Code), Article 751 (Compensation for Loss Other than Property)
① A person who has injured the body, liberty, or reputation of another, or inflicted any mental anguish on another, shall be liable to compensate for loss other than property as well

A physician's duty to explain cannot be exempted merely on the ground that the likelihood of the foreseeable risks to life or body and of side effects, etc., is slight; where the risks, side effects, etc., are risks that typically arise from the relevant medical treatment or are serious and irreversible, they become subject to explanation notwithstanding the slightness of their likelihood (Supreme Court, judgment of February 13, 1998, 96 Da 7854).

The Daegu medical litigation attorney rebutted the assertions of the plaintiff, who was claiming damages in a substantial amount against the client.

The client, while carrying out several procedures in parallel, clearly explained to the plaintiff that they were procedures necessary for the placement of the implant.

The client also explained to the plaintiff the side effects, advantages, and disadvantages of the portion requiring the use of artificial bone before proceeding with the procedure.

However, the plaintiff was asserting a breach of the client's duty to explain.

The Daegu medical litigation attorney rebutted the plaintiff's assertion and emphasized that there was no clear evidence proving a breach of the client's duty to explain.

The Daegu medical litigation attorney argued that the client had never promised the plaintiff the unconditional success of the implant procedure.

Before performing the implant procedure on the plaintiff, the client checked matters such as the bone quality and bone height and explained the likelihood of the implant's success.

This was merely an explanation of the procedure and was not an assurance guaranteeing the unconditional success of the implant procedure.

In addition, the plaintiff had the implant removed due to inflammation that arose more than five years after the implant procedure.

The Daegu medical litigation attorney emphasized that it was difficult to regard this as having been caused by a problem at the time the client placed the implant for the plaintiff.

The Daegu medical litigation attorney was visited by a client who was a well-known dentist in Daegu and who had been served with a claim for damages in a substantial amount by an elderly patient who had undergone an implant procedure.

To defend against the case, the client visited Daeryun to obtain the assistance of a Daegu attorney with extensive experience in defending medical litigation.

In response, the Daegu medical litigation attorney organized a case team and assisted with the entire process in order to defend against the claim for damages.

As a result, the court accepted the arguments of the Daegu medical litigation attorney and dismissed the plaintiff's claim, and the client was able to win the case.

If you, like the client above, have been served with a claim for damages, we strongly encourage you to consult with the 🔗Daegu medical litigation attorney of Daeryun.