Medical Accident Attorney | Harm from a Medical Accident, Claiming 100 Million Won by Proving Damages on Appeal

This is the account of a client who requested help from a medical accident attorney.

After undergoing knee joint surgery, the client showed typical signs of infection, including persistent severe pain.

However, the hospital concluded that it was simply a delay in recovery and did not take active measures such as additional detailed examinations.

In the end, the client's condition worsened and they were urgently transferred to a higher-level hospital, where a deep infection was confirmed and they received long-term inpatient treatment.

In this process, additional surgery costs, treatment costs, and loss of income due to a long period off work arose.

The client, judging that serious complications had occurred after the surgery and that the hospital's appropriate treatment and explanation had been lacking, pursued a damages lawsuit.

However, at the first instance, the claim was dismissed on the ground that ‘the medical staff's negligence was not clear.’

After losing, the client reviewed the case again and decided to proceed with an appeal by seeking out a medical accident attorney with extensive experience in medical cases.

The client requested help from Daeryun LLC, where medical specialist attorneys with experience as members of the Medical Dispute Mediation and Arbitration Agency and with qualifications as pharmacists and oriental medicine doctors take the lead in handling medical-related civil, criminal, and administrative litigation.

After closely examining the first-instance record, the medical records, and the surgical progress notes, the medical accident attorney analyzed the possibility of negligence by clearly contrasting the period of suspected infection with the timing of treatment intervention.

In addition, through outside specialist consultation and an application for an appraisal of the medical records, the attorney devised a strategy to prove medically the "possibility that, had there been early diagnosis and treatment, the deterioration could have been prevented."

The direction of the medical accident attorney's legal framing

▶Liability for non-performance of obligation: neglect of the duty of post-surgical care
▶Tort liability: disregard of signs of infection and breach of the duty to explain

As a result of the medical accident attorney's assistance, the court recognized that the defendant medical staff had failed to take measures even though they could have sufficiently foreseen the possibility of complications and that they had not explained the risks and the necessity of treatment to the patient, and ordered the payment of approximately 100 million won in damages.

It is by no means easy for a victim of a medical accident to bring a damages suit against a hospital.

This is because, unlike an ordinary contractual dispute, a medical accident case requires proving medical facts and points of law at the same time.

Daeryun Law Firm provides the following assistance through medical attorneys who have handled numerous medical accident cases.

-Analysis of medical records: identifying the key issues of the case and the possibility of negligence

-Use of an expert network: medical advice and preparation of appraisal reports

-Construction of legal arguments: building persuasive arguments based on precedent and standard treatment guidelines

-Securing and organizing evidence: systematic documentation through digital forensics, evidence investigation, and the like