I have a question about medical malpractice.

If there was no explanation about expected possible side effects during the treatment process, medical malpractice, especially ‘violation of the duty to explain’, may be recognized.

Doctors have an obligation to fully explain to the patient the diagnostic results, treatment methods, prognosis, as well as possible side effects and risks.

This is to ensure that the patient can make their own decisions in an understanding state about the medical procedure, and if treatment was received without hearing the explanation, it may be judged that the patient's right to self-determination has been violated.

In particular, for medical procedures with possible side effects or sequelae, such as injection administration or invasive treatments, doctors must explain the risks and possibility of occurrence specifically in advance. This is called ‘advisory duty to explain’, and if this duty is violated, even without negligence in the treatment act itself, damages liability including consolation money may be recognized.

Therefore, if side effects occurred but you did not receive any explanation in advance, it is necessary to legally review whether medical malpractice based on violation of the duty to explain exists, beyond simple medical accidents. In this case, judgment is made by comprehensively considering medical records, whether explanation was given, and the foreseeability of side effects.

For details related to medical malpractice, please consult a medical specialist attorney.