Deals & Cases

Damages (medical malpractice)
Damages (medical malpractice)Winning the case (favorable judgment)

Medical litigation specialist attorney defense case | Defending the hospital to defeat a medical damages claim

The client who sought a medical litigation specialist attorney was a hospital that had been subject to a high-value claim for damages due to the death of a patient. Accordingly, the hospital sought a medical specialist attorney.

1. The client who sought a medical litigation specialist attorney

Through the assistance of a medical litigation specialist attorney, in a case in which a patient died of complications following a cholecystectomy, the hospital, which responded to the litigation as the defendant, was able to prevail in full

How the client came to seek a medical specialist attorney

This case, handled by a medical litigation specialist attorney, was a matter in which a patient who had suffered from serious underlying conditions such as hypertension and cerebral infarction died of complications after undergoing a laparoscopic cholecystectomy, and the bereaved family claimed damages.

The bereaved family made the following arguments.

▲ The surgery was carried out recklessly even though the necessity for it was insufficient

▲ After the surgery, the patient's condition was not properly managed

▲ The risks of complications and alternative treatment methods were not sufficiently explained

Accordingly, the hospital that became the defendant in this medical litigation sought to establish that the surgery had been justified and that its duties of management and explanation had likewise been faithfully fulfilled, and to this end retained a medical litigation specialist attorney.

Overview of the medical litigation specialist attorney's medical accident damages case

2. Legal Issues Identified by the Medical Litigation Specialist Attorney

The medical litigation specialist attorney organized the plaintiff's allegations into two issues: ① breach of the duty to explain and ② breach of the duty of care.

The Medical Specialist Attorney's Argument: Breach of the Duty to Explain

Article 24-2 of the Medical Service Act provides that, in the case of surgery or a procedure that may cause a serious risk to the patient's life or body, the physician must sufficiently explain its necessity, method, side effects, and alternative treatments, and obtain written consent.

The plaintiff alleged that the defendant hospital had failed to properly comply with this procedure, so that the patient and the guardian did not sufficiently understand the risks of the surgery.


If it were proven that the medical staff had neglected the explanation process, liability for damages could be found on the ground of breach of the duty to explain.

The Medical Specialist Attorney's Argument: Breach of the Duty of Care

A medical practitioner has a duty of care to provide the best possible treatment and management, taking the patient's condition into account, so that complications do not arise.


The plaintiff alleged that the defendant hospital had not properly monitored the patient's condition after the surgery and had failed to take necessary measures, resulting in death.


If such circumstances of negligent management were found to be true, the hospital could be judged to be at fault, and liability for damages could arise.

3. The Medical Litigation Specialist Attorney's Defense Strategy

Medical litigation specialist attorney defense strategy against breach of the duty to explain

In order to deny the defendant hospital's liability, the medical litigation specialist attorney closely analyzed the course of events and the medical records.

The Medical Specialist Attorney's Rebuttal on the Necessity of Surgery

The plaintiff alleged that the cholecystectomy itself had been unnecessary and yet had been performed in an unreasonable manner.

In response, the medical specialist attorney proved that the patient's gallbladder polyp was close to the threshold for recommending surgery and that the risk of gallbladder cancer was considerably high for a patient taking immunosuppressants.

∙ The patient's medical records and imaging examination results

∙ Medical opinions on the size and shape of the gallbladder polyp

∙ The kidney transplant patient's history of immunosuppressant use and related academic materials

In particular, through the above analytical materials, the attorney emphasized that the decision to perform surgery had been a medically reasonable and unavoidable measure.

The Medical Specialist Attorney's Rebuttal to the Allegation of Negligent Post-Surgical Management

The plaintiff alleged that inadequate patient management after the surgery had aggravated the patient's complications, ultimately resulting in death.

In response, the medical specialist attorney confirmed through the records that regular blood tests, dialysis, and drug treatment after the surgery had all been carried out normally, and submitted these to the court.

In addition, the attorney supported, with expert medical opinion, that the multiple organ failure that was the direct cause of death was a complication that could naturally arise from the patient's underlying disease.

Ultimately, the attorney persuasively proved that this had been an unavoidable course of the disease rather than poor management.

The Medical Specialist Attorney's Rebuttal to the Allegation of Breach of the Duty to Explain

The plaintiff alleged that, before the surgery, the patient and the guardian had not been given a sufficient explanation of the risk of complications and of alternative treatments.

In response, the medical specialist attorney proved that the patient and the guardian had personally signed the consent form after receiving an explanation of the necessity of the surgery, the possibility of complications, and alternative treatment methods.

In particular, the consent form specifically described major complications such as bleeding, infection, and organ failure, and a statement that the medical staff had personally provided the explanation had also been secured.

Through this, the attorney clearly proved that the duty to explain had been faithfully fulfilled.

4. Result of the Medical Litigation Specialist Attorney's Assistance: A Successful Defense

Medical litigation specialist attorney dismissal of claim for damages breach of the duty of care

Accepting the medical litigation specialist attorney's arguments, the court reached the following judgment and dismissed the plaintiff's claim in its entirety.

▷ The decision to perform the cholecystectomy was made in accordance with reasonable medical judgment.

▷ There was no serious negligence in the management process before and after the surgery.

▷ It is difficult to regard this as a breach of the duty to explain.

As a result, the hospital was able to escape the risk of a substantial amount of damages.

The Core of a Claim for Damages (Medical Malpractice)

The fact that a patient's death or complications occurred does not, by itself, immediately establish negligence on the part of the medical staff.

In such cases, the key issues become whether the necessity of the surgery and the management process were reasonable and whether the duty to explain and the duty of care were sufficiently fulfilled.

Daeryun LLC has many attorneys who possess both medical knowledge and legal knowledge.

By forming a task force for each case, the firm precisely examines the patient's condition and whether the medical staff was negligent, and, when necessary, can also handle the collection and analysis of evidence through collaboration with evidence investigation experts.

If you need to respond to a claim for damages (medical malpractice), please request consultation of your case through 🔗Legal Consultation Reservation.

의료소송전문변호사

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.

Damages (medical malpractice): Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Request a consultation

Related Members

View more
Attorney KyeongHwan KIM

KyeongHwan KIM

T. 070-5214-2362

medical lawyer

Attorney YunJung Choi

YunJung Choi

T. 070-7510-2014

Attorney with pharmacist qualifications

Attorney SeungPyo HONG

SeungPyo HONG

T. 070-7510-1118

Oriental Medicine Doctor Experience/Medical Arbitration Service Examiner

Key Case Studies

View more

Related Practice Areas

View more
View our Case Handling System

Consult in other languages

Popular Columns

View more

Previous

Corporate Legal Advisory Attorney | Case of a Decision Granting Permission to Convene a Shareholders' Meeting

Next

Punishment of Elder Abuse | Case Resulting in a Non-Referral Decision on Charges of Elder Abuse and Occupational Negligence Causing Injury

View list
Quick Menu

Chat