
Legal Q&A
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Hello, I am asking because I am curious whether this is an obstetrics and gynecology medical accident. Early this year, my wife gave birth to a child by cesarean section. She says that from after the delivery until now, she has had great difficulty going to the bathroom and has a tingling pain. My wife is still taking painkillers and bladder relaxants. However, the hospital insists that it is absolutely not a medical accident. I looked things up and responded through a mothers' online cafe and the community for that obstetrics and gynecology clinic, but I sometimes feel it is not enough. If it is indeed an obstetrics and gynecology medical accident, I think I will have to proceed with a lawsuit or something. I would appreciate an answer from a medical attorney.
obstetrics and gynecology medical accident
medical accident
obstetrics and gynecology
Answer
Published:
Author : Kuk Il KIM
Hello, I will provide an answer to your question about an obstetrics and gynecology medical accident.
Whether an aftereffect that arose during a cesarean section or delivery constitutes a medical accident cannot be judged merely from the fact that symptoms appeared.
A medical accident means a case in which a medical practitioner fails to maintain the ordinary standard of medical care during examination or surgery, resulting in harm to the patient.
In other words, whether there was a breach of the physician's duty of care becomes the key issue.
In the case of obstetrics and gynecology, bladder or ureter injuries, urination disorders, and nerve damage can occur after a cesarean section, which may be a general complication of the surgery or may be negligence due to carelessness on the part of the medical staff.
The court judges whether there was negligence by comprehensively considering the medical records, the course of the surgery, and the probability of the ordinary risk occurring.
Therefore, it cannot be immediately concluded that it is a medical accident merely on the ground that there is pain and a urination disorder.
However, if the symptoms persist for a long time and are significantly interfering with daily life, it is necessary to review whether there was medical negligence through the appraisal procedure of the Korea Medical Dispute Mediation and Arbitration Agency or through expert medical advice.
If negligence in an obstetrics and gynecology medical accident is recognized, you can proceed with a claim for damages against the hospital, and compensation such as treatment costs, nursing costs, and consolation money may be recognized.
In the current situation, it appears advisable to consult a medical attorney, secure the medical records, go through a medical appraisal procedure, and establish a strategy for responding to the obstetrics and gynecology medical accident.

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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

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