In a medical malpractice damages lawsuit handled by LK Partners, the court dismissed the plaintiff’s claims, finding it difficult to conclude that the defendant hospital and its medical staff committed any negligence in the course of treatment.

This case underscores the importance of the standards for determining medical negligence and the burden of proving a causal link between alleged negligence and residual disability in medical disputes.

Case Overview

The patient underwent a cervical ultrasound examination and biopsy at a hospital and was diagnosed with a suspected brachial plexus tumor. During the subsequent surgical procedure, nerve damage occurred, leaving the patient with residual impairments such as motor dysfunction. The patient then filed a claim for damages against the hospital.

Plaintiff’s (Patient’s) Arguments

The hospital failed to establish an accurate treatment plan prior to surgery and excessively resected the tumor, thereby causing damage to the brachial plexus.

Postoperative follow-up care was inadequate, and the hospital did not sufficiently explain the risk of nerve injury and the possibility of residual disability.

Accordingly, the patient argued that the hospital should be held liable for damages resulting from medical negligence.

Defendant’s (Hospital’s) Arguments

Given the circumstances at the time, the chosen surgical method was the most reasonable and appropriate treatment option.

Nerve damage was unavoidable in the process of tumor removal, and the medical staff fulfilled their duty of care to protect the patient during surgery.

The patient’s residual symptoms fell within the scope of known complications and could not be attributed to negligence.

Court’s Ruling

The court held as follows:

In light of the medical standards at the time the treatment plan was established, the patient’s condition, and the examination results, the hospital’s choice of treatment fell within a reasonable range.

The nerve damage and resulting residual disability constituted complications rather than negligence.

There was insufficient evidence to conclude that the hospital breached its duty of care; therefore, the plaintiff’s claims were dismissed.

Significance of the Decision

This ruling demonstrates that medical negligence cannot be established solely on the basis of an unfavorable treatment outcome. Courts assess negligence by examining whether medical professionals formulated and implemented a reasonable and appropriate treatment plan under the circumstances at the time.

Even where a patient suffers residual disability, if such outcomes fall within the category of foreseeable complications, medical negligence may not be recognized.

LK Partners’ Commentary

In medical malpractice and damages claims, the key issues are whether the duty of care was fulfilled during treatment and whether a causal relationship between the alleged negligence and the damage can be established.

A proper legal response requires thorough examination of:

whether the medical judgment was appropriate under the standards prevailing at the time,

whether the patient’s outcome constitutes a complication or damage caused by negligence, and

whether the duty to explain risks and alternatives was adequately discharged.

Medical Malpractice and Medical Dispute Consultation

If you are experiencing difficulties related to a medical malpractice damages claim or a medical dispute, we recommend consulting with the medical litigation specialists at LK Partners. With extensive experience and professional expertise, we provide case-specific, optimal legal solutions.