In what cases can a medical dispute lawsuit be filed?

A medical dispute lawsuit can be filed when damage occurs to the patient due to medical professional negligence or violation of the duty to explain.

That is, if the medical professional did not fulfill the duty of care normally required during surgery or treatment, or if the patient's right to self-determination was infringed because important matters such as side effects or sequelae were not sufficiently explained before surgery, liability for damages may become an issue.

Especially, if side effects that occurred after surgery were content not informed in advance, the key issues become whether the possibility of those side effects should have been explained, and if explanation was not omitted, what impact it would have had on the patient's choice.

Therefore, as in your case, where surgery was conducted after being informed "there are no side effects" but side effects occurred afterward, a medical dispute lawsuit review focused on violation of the duty to explain is possible.

Also, if expected side effects or sequelae from the surgical process are not explained or written consent is not obtained, doctors may be subject to a fine of up to 3 million won under Article 92 of the Medical Service Act.

However, the actual possibility of a lawsuit is judged depending on whether the medical professional's negligence, occurrence of damage, and causation are proven.

For detailed information related to medical dispute lawsuits, please consult with a medical specialist attorney.