“The hospital is responsible for side effects after incorrect medication administration”… 40 million won compensation verdict

Prescription of 7 times the maximum allowable amount of medication... “Violation of medical staff’s duty of care”

A court ruled that a hospital that caused side effects by misadministering medication to a patient must bear responsibility for damages to the patient.

On the 28th of last month, the Pyeongtaek Branch of the Suwon District Court ruled in favor of Patient A in the damages claim suit filed by Patient A against Hospital B, and ruled that Hospital B must pay 40 million won.

Mr. A, who was diagnosed with cerebral hemorrhage in October last year and was admitted to Hospital B, was discharged after his condition improved and was prescribed antibiotics. Afterwards, Mr. A took the medicine according to the hospital's instructions, but his health deteriorated rapidly and he suffered serious side effects such as delirium and decreased consciousness.

Mr. A, who was eventually hospitalized again, learned that Hospital B had overprescribed antibiotics to him and filed a lawsuit for damages. The dose of medication prescribed by the hospital at the time was found to be seven times the maximum allowable dose.

Person A's side explained the background to filing the lawsuit, saying, "We did not agree on how much compensation Hospital B would pay if hospital B needed treatment in the future."

The court acknowledged Hospital B's liability for damages on the basis that medical staff have a duty of care to prescribe drugs with appropriate usage and dosage.

Attorney Lee Il-hyeong of Daeryun Law Firm, the patient's legal representative, said, "The patient thought it was strange that he had to take 7 antibiotics a day when the medication was prescribed, so we checked again, but the medical staff violated their duty of care and explanation and confirmed that there was no problem." He added, "Through proof of contents, the hospital also acknowledged the negligence in prescribing."

Reporter Jeong Ye-eun (ye9@kyeonggi.com)

[View full article]
"The hospital is responsible for side effects after incorrect medication administration"... 40 million won compensation ruling (link)