
Legal Q&A
Q
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Hello, I am in a situation where I have suffered significant harm from a plastic surgery medical accident. The plastic surgery clinic explained that there were side effects and said that the harm arose because I did not manage the aftercare properly, claiming that they bear no responsibility. It seems the hospital has retained an attorney to respond.. I will of course retain an attorney too, but I am worried about whether I can properly pursue litigation against the hospital. I should be able to receive compensation for the harm from the plastic surgery medical accident, right??
Plastic surgery medical accident
Medical accident
Plastic surgery
Answer
Published:
Author : Kuk Il KIM
Hello. I will answer your question regarding the plastic surgery medical accident.
First, in a plastic surgery medical accident, the key to civil liability for damages is whether the harm arose from the medical practitioner's negligence (breach of the duty of care) rather than from a mere side effect.
Even if the medical staff notified the patient of the side effects in advance, legal liability may be recognized if they took measures during the procedure that fell short of medical standards or did not faithfully fulfill the duty to explain.
The ‘patient's own lack of aftercare’ asserted by the hospital is also a defense frequently raised in court, but this alone does not exempt the hospital from liability.
It must be comprehensively judged whether accurate guidance on pre- and post-procedure care was given, whether the side effect was at a level that could arise from negligence in care alone, and whether there was objective negligence in the course of the procedure.
If the hospital has already retained an attorney and is responding, it is essential to promptly retain an attorney experienced in medical litigation and to prepare a response strategy.
If the medical practitioner's negligence, rather than a mere side effect, is proven, a claim for damages is fully possible, and consolation money, treatment costs, additional cosmetic surgery costs, and damages for aftereffect disabilities may also be subject to claim.
However, from the plaintiff's position, proving the medical practitioner's negligence is by no means an easy task.
Therefore, you must work with an attorney specializing in medical cases to carefully collect evidence and prove the damage.
At Daeryun Law LLC, attorneys specializing in medical cases who have handled numerous practical matters, such as medical dispute arbitration, form a task force dedicated to the client.
We encourage you to prepare for the plastic surgery medical accident litigation together with Daeryun's attorneys specializing in medical cases.

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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

KwangDeok Kim
T. 070-7510-2018
Extensive Experience in Specialized Corporate Law and Intellectual Property Litigation · Construction/Serious Industrial Accident/Intellectual Property Law Attorney
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