Medical Accident Damages | Dismissal of the Bereaved Family's Claim for Damages Against the Emergency Room Specialist

The plaintiffs who sought medical accident damages were the patient's bereaved family, and the defendant was a resident physician who worked in the emergency room at issue.

The deceased visited the defendant hospital's emergency room complaining of a headache.

The defendant measured the deceased's vital signs and then performed a blood test, an electrocardiogram, an X-ray, and a head CT scan, among other examinations.

The defendant prescribed medication for hypertensive emergency to the deceased and, after the deceased's blood pressure dropped that same day, directed the deceased's discharge.

The next day, however, the plaintiff, the deceased's wife, found the deceased in cardiac arrest and again headed to the emergency room.

The deceased received endotracheal intubation, mechanical ventilation, and dialysis treatment in the neurosurgical intensive care unit, and died two weeks later.

The plaintiff argued that, at the time the defendant directed the discharge, the defendant should have suspected a cerebrovascular disease and conducted a joint consultation with a specialist in a relevant department such as neurosurgery, but failed to take such measures, and that this constituted negligence.

The plaintiff asserted that the defendant violated the above duty of care and thereby caused the deceased's death, and filed this lawsuit seeking payment of approximately 300 million won in damages.

Regarding the medical accident damages, the court, based on the appraisal entrustment results of the Korean Medical Association's Medical Appraisal Institute and the Korea Medical Dispute Mediation and Arbitration Agency, and considering the entire purport of the oral arguments, dismissed the plaintiff's claim on the following grounds.

1. The head CT and head MRI images taken upon the first emergency room visit showed no findings of cerebral hemorrhage and no findings from which cerebral hemorrhage could be anticipated within a short time.
2. The deceased's head MRI images showed a finding of mild dilation of the right distal vertebral artery, but this is a finding commonly seen even in normal blood vessels, and it is difficult to conclude that it was related to the subsequent hemorrhage.

To rule out any possible delayed cerebral hemorrhage, the defendant took an additional brain CT and confirmed normal findings. After confirming, through the brain MRI and MR angiography performed to identify other causes or vascular problems, that there was no notable, clear acute lesion, and once the symptoms had eased following treatment, the defendant arranged an outpatient joint consultation with the relevant specialty for further examination and treatment.

The court stated, "Under the circumstances at the time, the defendant's decision was an appropriate measure, and the subarachnoid hemorrhage that caused the deceased's death is determined to have occurred after discharge from the emergency room," and dismissed all of the plaintiff's claims.

In medical accident damages cases, the most important issue is proving whether negligence exists.

When a physician performs medical acts such as examination and treatment, the physician has a duty of care to take the best measures required to prevent harm in light of the nature of work that manages a person's life, body, and health, and in accordance with the patient's specific symptoms and circumstances.

A physician's duty of care is assessed by reference to the level of medical practice carried out in clinical medicine, such as at medical institutions, at the time of the medical act. Because that level of medical care refers to so-called medical common knowledge that is generally known and accepted by ordinary physicians at the time of the medical act, it must be understood as a normative standard, taking into account the treatment environment and conditions and the particular characteristics of the medical act.

When a medical accident damages case proceeds with the patient's side under circumstances such as the above, the medical staff must prove, among other things, that they conducted the examinations necessary for an accurate diagnosis, that they correctly interpreted the diagnostic results, and that the chosen treatment method was appropriate.

Medical litigation is an involved type of lawsuit that requires both medical expertise and legal knowledge, so it is advisable to secure evidence promptly and respond to the litigation.

The Medical and Pharmaceutical Group of Daeryun Law Firm LLP, led by 🔗attorneys with experience as members of the Korea Medical Dispute Mediation and Arbitration Agency and as judges in the medical divisions of the court, provides strategies tailored to each situation.