In what cases can a medical dispute lawsuit be pursued?

A medical dispute lawsuit can be pursued when a patient suffers harm due to a medical professional's negligence or a violation of the duty to explain.

In other words, if a medical professional failed to exercise the duty of care ordinarily required during surgery or treatment, or failed to sufficiently explain important matters such as side effects and aftereffects before surgery, thereby infringing the patient's right to self determination, liability for damages may become an issue.

In particular, if a side effect that arose after surgery was something the patient was not informed of in advance, the key issues become whether the possibility of that side effect should have been explained and, if the explanation was not omitted, how it would have affected the patient's choice.

Therefore, as in your case, if surgery was performed after being informed that "there are no side effects" but a side effect later occurred, a medical dispute lawsuit can be reviewed with a focus on whether the duty to explain was violated.

In addition, if the expected side effects or aftereffects of the surgical process are not explained or written consent is not obtained, the doctor may be subject to an administrative fine of up to 3 million won under Article 92 of the Medical Service Act.

However, the actual possibility of a lawsuit is determined by whether the medical professional's negligence, the occurrence of harm, and the causal relationship are proven.

For details related to a medical dispute lawsuit, please confirm through a consultation with an attorney specializing in medical cases.