
Legal Q&A
Q
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In the course of receiving treatment, I was given an injection, after which an unexpected side effect occurred. However, neither before the treatment nor during the administration of the injection did I receive any explanation from the doctor about side effects or risks. I am wondering whether medical negligence can be recognized even in a case like this. The hospital has not yet provided any particular explanation or position, so out of frustration I am submitting this inquiry.
Medical negligence (malpractice)
Answer
Published:
Author : Kuk Il KIM
If no explanation was given about foreseeable side effects during the course of treatment, there is room to find medical negligence, in particular a 'breach of the duty to explain.'
A doctor has a duty to fully explain to the patient not only the diagnosis, the treatment method, and the prognosis, but also the possible side effects and risks.
This is intended to ensure that the patient can make his or her own decision with an understanding of the medical procedure in question, and if the patient underwent treatment without receiving an explanation, it may be judged that the patient's right to self-determination was infringed.
In particular, in the case of medical procedures that carry a possibility of side effects or aftereffects, such as the administration of an injection or invasive treatment, the doctor must explain the risks and the likelihood of their occurrence specifically and in advance. This is referred to as the 'duty to advise and explain,' and if this duty is breached, liability for damages, including consolation money, may be recognized even if there was no negligence in the treatment itself.
Therefore, if a side effect occurred and yet you received no prior explanation whatsoever, it is necessary to legally review whether there was medical negligence arising from a breach of the duty to explain, beyond a mere medical accident. In such a case, the determination is made by comprehensively considering the medical records, whether an explanation was given, the foreseeability of the side effect, and other factors.
For detailed matters related to medical negligence, we recommend that you confirm them through a consultation with an attorney specializing in medical cases.

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Kuk Il KIM
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Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

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