Unjustified death of developmentally disabled person due to medical accident “Please ask the court to reveal the truth”
Surgery due to sequelae of pulmonary embolism after ankle fracture surgery 9died in 1 day“Even if you explained it well”‥bereaved family, Claim for damages for violation of duty of caution and explanation “My son, who was healthy, passed away due to the aftereffects of what was said to be a simple ankle fracture surgery.. But none of the medical staff apologized., I am not responsible. It is even more unfair and heartbreaking to think that the aftereffects could have been prevented.. To appease my son's resentment, We would like to hold those who do not apologize legally accountable..”The deceased's father, who left his son Kim Dong-ho devastated due to pulmonary embolism as a side effect of the surgery after undergoing surgery for an ankle fracture, filed a lawsuit. 1He made this appeal ahead of the second hearing date..Solidarity for Prohibition of Discrimination against Disabled Persons(Hereinafter, Jangchuryeon)and People First Seoul Center 12work morning 10city 30In front of the Bucheon branch of the Incheon District Court, a suit for damages was filed in the case of death after surgery of Mr. Kim Dong-ho, a developmentally disabled person. 1The second hearing date is approximately 30A press conference was held minutes beforehand..According to Jang Chu-ryeon, the past 2022year 7In May, Dong-ho Kim, a developmentally disabled person, suffered a fractured left ankle after falling on his way to work and underwent surgical surgery.. AOriental medicine hospital is used for nursing care after surgery at the hospital. BHe was taken to the hospital, but after surgery he 9died within days.Autopsy results showed that the cause of death was pulmonary embolism, a sequela of surgery.. The bereaved family claimed that there were various problems that led to Dong-ho's death, such as not properly communicating the post-surgery progress and not properly confirming the person's situation because he was developmentally disabled..“Dongho, who was healthy and had many dreams, left us without notice, like a lie, after undergoing surgery for an ankle fracture that was said to be simple.. Our family is living in an unbelievably devastated reality, immersed in indescribable sadness.. When I think of that time, I regret it so much, and when I think of my son, I feel so sorry..”“Even though my son passed away like that, no one apologizes or takes responsibility and just tries to avoid it.. If Dong-ho had explained the precursor symptoms of pulmonary embolism in detail to himself and his family and had been actively tested or treated, would Dong-ho have gone to heaven in vain?. It's even more unfortunate and unfair to think that prevention might not have been possible..”(Father of the deceased Kim Dong-ho)As a result, the bereaved families “I would like to hold those who did not even apologize for my son's death legally accountable.”as 2023year 7month 26Day Ahospital department BA lawsuit was filed against the hospital for damages due to medical negligence that violated the duty of care and duty of explanation for Mr. Kim Dong-ho, a developmentally disabled person..Lawyer Choi Bo-yoon of Daeryun Law Firm, the legal representative in this case, “The medical staff's explanation is a precautionary measure that is the medical staff's duty of care in subsequent treatment., It is an important starting point that leads to follow-up observation and emergency treatment. In particular, pulmonary embolism can lead to death if the possibility or fact of occurrence is not detected quickly, so explanation of this is very important.”He emphasized.Even in the Supreme Court precedent ‘If the occurrence or possibility of pulmonary embolism was not detected quickly and prompt diagnosis and emergency treatment were missed., Medical negligence is acknowledged’It is ruled that.However, surgical operation and hospitalization were performed on Mr. Kim Dong-ho. Atransferred to the hospital and later BDiagnosis of pulmonary embolism that could have occurred in the deceased or their family at any hospital, Symptoms typically expected to occur, It is a clear violation of medical law because there was no explanation of what the patient must follow to prevent serious consequences..Attorney Choi “Ahospital department BThe hospital medical staff also admits that they did not explain the pulmonary embolism.. But when they entered into a lawsuit ‘I didn't know because I wasn't coughing when I was making rounds.’and avoid it ‘After all, it was the nurse handover time.’It is claimed that”and pinched.Not only that ‘I didn't know much about my disability because my guardian didn't tell me about it.’He claimed that the bereaved family was responsible because the bereaved family did not inform them of Kim Dong-ho's disability status..However, Dong-ho's intellectual disability and the extent of his condition are revealed in his use of language and manner of speaking, to the extent that he was diagnosed with severe intellectual disability among developmental disabilities.. Accordingly, Daeryun Law Firm released a video of his activities during his lifetime., Transcripts, etc. were submitted as evidence..Lawyer Bo-Yoon Choi “The Medical Service Act does not provide for cases where decision-making capacity is lacking, but disabled people should not be discriminated against under the Disability Discrimination Prohibition Act.”as “Medical staff must actively provide appropriate explanations and medical treatment according to the patient's disability.”He said.In particular, the Supreme Court ruled that medical staff should, degree of education, Specific information must be provided according to circumstances such as mental and physical condition, etc., The explanation is that it has been ruled that there is an obligation to prepare for after-effects by explaining in detail the methods of treatment and other matters necessary for health management so that the patient can independently determine and respond to the necessary measures to prevent serious consequences according to the patient's circumstances..mudfish “The defendant hospitals' claims, which appear to avoid making appropriate judgments about patients and vaguely pass on responsibility for failing to provide more detailed information to their guardians, are a violation of the Anti-Discrimination Against Persons with Disabilities Act and are also against the Medical Service Act and related precedents.”claimed that.finally “I hope that this incident will become a precedent for all disabled people, including those with developmental disabilities, to receive appropriate treatment without discrimination.”While “We hope that the national and local government medical systems will also improve so that all citizens can receive the best medical services.”He said emphatically. 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