
Legal Q&A
Q
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Hello, I am a practicing physician. I am currently in a medical malpractice lawsuit with a patient. The bereaved family of the deceased patient are asserting that I violated my duty of care and caused a medical accident. Both criminal and civil lawsuits are underway as a medical malpractice lawsuit. I have tried to understand the feelings of the bereaved family, but it seems I too need to respond. How should I deal with this?
medical malpractice lawsuit
medical lawsuit
medical dispute
Answer
Published:
Author : Kuk Il KIM
Hello. I see that you are in the midst of a medical malpractice lawsuit.
A medical death accident is a very sensitive matter that is also legally complex.
If both criminal and civil lawsuits are currently proceeding simultaneously, the key issue in the criminal lawsuit is 'occupational negligence causing death,' and in the civil lawsuit it is whether liability for damages exists.
Since the bereaved family is asserting that you violated your duty of care and thereby caused the death, it appears important for you to prove that the treatment process at the time was at the ordinary level under medical standards and that there was no negligence in the medical malpractice lawsuit.
As a response strategy, you should first secure all relevant materials, such as medical records and records of surgery and treatment, and organize the medical basis for the patient's condition at the time and the necessity and appropriateness of the treatment.
In addition, it seems a good approach to respond by carrying out procedures such as an expert appraisal that can objectively determine whether your conduct constituted negligence, with the help of a medical attorney.
In particular, because if a conviction becomes final in the criminal lawsuit, civil liability is also likely to be recognized, you should concentrate on the criminal defense while also preparing your position and strategy for the civil lawsuit in parallel.
Because a defense against medical negligence is not sufficient through explanation alone, close cooperation with a medical attorney who has experience in medical disputes and criminal defense is essential.
We recommend that you promptly organize your position through legal representation and begin securing evidence for the medical malpractice lawsuit and preparing your response to the expert appraisal.
At Daeryun Law LLC, attorneys who hold physician and pharmacist qualifications are on staff, so through professional consultation with medical institutions, more accurate and effective response measures can be established.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

SangSu JO
T. 070-5117-3709
Experience as Deputy Chief Prosecutor at the Suncheon Branch of the Gwangju District Prosecutors' Office · Attorney Specializing in Sex Crimes/Drunk-driving Traffic/School Violence

SeoHyung LEE
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