Deals & Cases
Gumi Medical Attorney | Handling the Settlement for a Client Who Suffered a Medical Accident and Securing a Substantial Settlement Sum
The Gumi medical attorney provided assistance in the case of a client who sought out a medical attorney after suffering a medical accident. The medical accident attorney handled the settlement on the client's behalf and achieved the outcome the client wanted.
1. The Client Who Sought Out the Gumi Medical Attorney
The client who sought out the Gumi medical attorney said that he had suffered a medical accident but had received no compensation whatsoever, including for medical expenses.
When asked what he wanted, the client requested not the punishment of the doctor, but rather to be compensated for the harm, including medical expenses.
2. The Story of the Gumi Medical Attorney's Client
The client of the Gumi medical attorney underwent artificial joint surgery on his elbow, after which he suffered the injury of a pulmonary embolism.
The client decided to undergo surgery at a hospital specializing in artificial joint surgery that frequently advertised,
but the hospital did not inform the client at all that there could be side effects from the surgery.
The client underwent elbow surgery, and although he had disclosed his existing medical condition beforehand, the hospital proceeded with the surgery, saying there was no problem at all.
Immediately after the surgery, the client developed symptoms of a pulmonary embolism and underwent treatment right away. A pulmonary embolism is most commonly caused by a hypercoagulable state such as trauma or surgery.
The client sought to receive medical expenses and compensation for the harm related to this.
Punishment of the Doctor in the Client's Case
Criminal Act, Article 268 (Death or Injury Caused by Occupational or Gross Negligence) A person who causes the death of or injury to another by occupational or gross negligence shall be punished by imprisonment without labor for not more than 5 years or by a fine not exceeding 20 million won.
Because the client was caused injury through occupational negligence, if they were to file a criminal complaint, the doctor could be subject to imprisonment without labor for not more than 5 years or a fine not exceeding 20 million won.
3. The Certified Content Letter Sent by the Gumi Medical Attorney
For the compensation of the client's harm, the Gumi medical attorney prepared and sent a certified content letter, the contents of which were as follows.
1. The details of the medical accident the client suffered
2. The fact that the client did not receive an explanation regarding side effects before the surgery
3. That the client wishes to reach an settlement agreement
4. That if the doctor in the case does not respond after receiving the certified content letter, civil and criminal liability will be pursued
The Response of the Doctor in the Medical Accident
In response to the certified content letter, the doctor in this case said that he had done nothing wrong and to proceed in accordance with the law.
Assistance in filing a Criminal Complaint
Through collaboration between Daeryun Law Firm's Medical Litigation Group and its Evidence Examination and Digital Forensics Group, the Gumi medical attorney filed a criminal complaint against the doctor who caused the client's medical accident on a charge of occupational negligence causing injury,
and the doctor, who was the respondent to the complaint in this case, expressed an intention to settle after the action was filed.
4. Medical Accident Settlements Explained by the Gumi Medical Attorney
As with the client of the Gumi medical attorney, when a medical accident occurs, the parties often reach a settlement to resolve the dispute between the patient's side and the medical practitioner, and 🔗caution is required at the time of a medical dispute settlement.
To prevent another dispute from arising later despite a settlement, the terms of the settlement must be drafted specifically and clearly, and it is advisable to obtain the assistance of a legal expert.
If you have suffered a medical accident, you should obtain the assistance of a medical attorney and attach to the settlement agreement a document setting out the authority to represent, along with a certificate of seal impression and the like, in order to make the existence of authority clear.
A victim of a medical accident, when reaching a settlement, will inevitably include a clause stating, “any and all other civil and criminal claims are waived,”
so if future medical expenses and the like are anticipated at the time of settlement, it is advisable to include wording stating that this portion is reserved.
The Settlement Proposal Presented by the Client
After a long consultation with the client, a settlement proposal that the client could find satisfactory was presented to the doctor.
The doctor paid in full the amount stated in the settlement agreement, and because the client did not anticipate future medical expenses, a clause stating that he did not wish for punishment was included, leading to a settlement that both sides could find satisfactory.
5. The Assistance of the Gumi Medical Attorney

Daeryun Law Firm provides assistance not only with the defense in investigations and trials, but also in settlement and conciliation procedures.
If you need the assistance of a Gumi Daeryun Law Firm medical attorney who provides support throughout every stage of a medical accident, please entrust your case to us right away.
We will examine the case closely and present a reasonable solution.

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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