Supreme Court: "Hospital Fall Accidents Should Not Be Automatically Deemed Medical Negligence"

Considering Hospital's Fall Prevention Measures
"Recognizing Negligence Based on Vague Speculation" Original Judgment Overturned and Remanded

Supreme Court building [Image source=Yonhap News]

[Asia Economy Reporter Park Jun-yi] The Supreme Court has ruled that if a hospital takes reasonable measures to prevent falls, it cannot be held liable when a high-risk patient falls from a bed and is injured.

The Supreme Court's Third Division (Presiding Justice Lee Dong-won) overturned the lower court's ruling that recognized the hospital's negligence and ruled in favor of the plaintiff in a medical expense subrogation lawsuit filed by the National Health Insurance Service (NHIS) against Samsung Medical Foundation. The case was remanded to the Seoul Central District Court's civil division, the court announced on the 9th.

In December 2017, Mr. A was hospitalized in the intensive care unit of Samsung Hospital for acute cholecystitis when he fell from the bed and suffered brain damage.

After paying Mr. A's medical expenses, the NHIS filed a lawsuit claiming approximately 166 million KRW from the hospital, holding it responsible for negligence in management.

In the first trial, the court ordered Samsung Medical Foundation to pay about 100 million KRW to the NHIS. The court recognized the hospital's negligence, stating, "Mr. A was asleep and cannot be considered to have engaged in dangerous behavior," and "Since the patient was at high risk of falling, the defendant hospital was required to exercise a higher degree of care."

However, considering the somewhat unclear specifics of the accident and that the hospital appeared to have taken considerable measures to prevent falls, the court limited the compensation liability to 60%, ordering payment of approximately 99 million KRW.

The second trial court also recognized the hospital's negligence and limited the compensation liability to 60%. However, as the NHIS increased the claim amount to about 290 million KRW in the second trial, the payment amount rose to approximately 174 million KRW.

Nevertheless, the Supreme Court delivered a different judgment from the first and second trials.

The court focused on the fact that the hospital had taken reasonable fall prevention measures, such as lowering the bed height and installing safety belts, and that the attending nurse checked the patient's condition at one-hour intervals.

It also pointed out that the lower courts should have sufficiently examined whether there were causes other than medical negligence, considering the nurse's testimony that even with the bed rail safety belt installed, the patient could likely get out if he moved.

The court stated, "The lower court recognized the hospital's negligence and liability for damages based on circumstances that were not objectively supported or were mere vague speculation without plausibility," and added, "The lower court erred in its legal interpretation regarding the breach of duty of care."

This content was produced with the assistance of AI translation services.