Death from Complications After Surgery... Court Rules University Hospital Liable for Medical Malpractice Compensation

Court: "Medical Staff Breach of Duty of Care"

[Asia Economy Reporter Seongpil Cho] The family of a patient who died from complications after surgery at a university hospital filed a civil lawsuit against the school corporation, holding them responsible for medical negligence, and won a compensation ruling.

According to the legal community on the 9th, Chief Judge Youngmin Cha of Civil Division 42 at the Seoul Central District Court partially ruled in favor of the plaintiffs in a damages claim lawsuit filed by three sons of Mr. A (71) against the Catholic Academy school corporation. The court stated, "The hospital medical staff violated their medical duty of care by not carefully performing the second surgery to avoid tearing the dura mater, which led to the fatal outcome," and "The defendant, as the employer of the medical staff, is liable to compensate the damages suffered by the plaintiffs." However, the court limited the compensation responsibility to 50% considering the nature and extent of the medical negligence, Mr. A’s age, and medical history, ordering the defendant to pay each plaintiff 7.9 million KRW, totaling 23.7 million KRW.

Mr. A was admitted to Catholic University Seoul St. Mary’s Hospital in September 2016 for treatment of numbness in his left leg and walking difficulties. The hospital medical staff diagnosed Mr. A’s symptoms as spinal cord compression caused by a cyst and performed two surgeries in October of the same year. However, during the second surgery, part of the dura mater was torn, and Mr. A subsequently complained of headaches due to cerebrospinal fluid leakage. Mr. A underwent a reoperation in November but his symptoms did not improve, and in January of the following year, he developed complications such as hydrocephalus and died. Mr. A’s family filed a lawsuit in 2018 against the school corporation seeking compensation of 15.81 million KRW each.

The hospital argued during the trial that Mr. A’s complications and death were unrelated. However, the court rejected the hospital’s claim, stating, "At the time of death, Mr. A continuously showed signs of hydrocephalus," and "Considering that severe cases can lead to coma or respiratory paralysis, there is a significant causal relationship between the infection caused by cerebrospinal fluid leakage, hydrocephalus, and death."

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