Court: Hospital Must Compensate for Amputation Surgery Without Detailed Explanation

[Asia Economy Reporter Seongpil Cho] A patient who went into surgery without receiving a specific explanation from medical staff that amputation of limbs was necessary has filed a lawsuit against the hospital and won partial victory.

According to the legal community on the 16th, the Civil Division 18 of the Seoul Central District Court (Presiding Judge Wonshin Lee) ruled partially in favor of Park, who underwent limb amputation surgery, in a damages lawsuit filed against Hospital A in Suwon, Gyeonggi Province. The court ordered, "The defendant shall pay the plaintiff 20 million KRW in damages and delayed interest due to breach of duty to explain."

In July 2014, Park drank alcohol mixed with pesticide and experienced vomiting and convulsions, leading him to visit the emergency room of Hospital A. At the time of arrival, Park was reportedly in an unclear state of consciousness due to high fever and unstable blood pressure. Medical staff administered vasoconstrictors to maintain blood pressure, but Park developed necrosis in both hands and feet as a side effect. Ultimately, in August of the same year, the medical team performed surgery to amputate Park's limbs.

Subsequently, Park filed a lawsuit against the hospital claiming disability caused by medical negligence. Park argued, "The medical staff only explained that they would perform surgery to scrape off dead tissue but did not explain that amputation surgery would be performed, and no other prescriptions were given to prevent side effects while using vasoconstrictors." The claim amount reached approximately 136.3 million KRW.

The court partially accepted Park's claims, finding that the medical staff violated their duty to explain. The court stated, "It appears that the medical staff did not provide specific explanations about the surgery details or alternative treatment options available to the plaintiff," and "The defendant is liable for damages caused by the breach of duty to explain."

However, the court found no negligence regarding the use of vasoconstrictors by the medical staff. Although the vasoconstrictors administered to Park ultimately caused limb ischemic necrosis, the court judged this was an unavoidable measure to normalize blood pressure. The court ruled, "The mere fact that the plaintiff developed limb ischemic necrosis does not allow us to conclude that the medical staff at the defendant hospital neglected their duties."

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