Supreme Court: "Complications After Injection Treatment Must Be Examined for Work-Related Negligence"

[Asia Economy Reporter Heo Kyung-jun] The Supreme Court has ruled that complications caused by infection after injection treatment cannot automatically be recognized as 'work-related negligence.'

The Supreme Court's Second Division (Presiding Justice Cheon Dae-yeop) overturned the original ruling that found doctor A guilty of work-related negligence causing injury and sentenced him to a fine of 5 million won, and remanded the case to the Uijeongbu District Court on the 7th.

Doctor A administered pain injections over two days to patient B, who visited the hospital complaining of shoulder pain. After the treatment, B was infected with Staphylococcus aureus and was diagnosed with a four-week recovery period.

The trial focused on whether the injury B sustained was due to an unexpected infection route or unavoidable complication, or if it was caused by A's work-related negligence.

The first and second trials recognized a significant causal relationship between the injection treatment and the injury, and sentenced A to a fine of 5 million won.

However, the Supreme Court's judgment differed. The court acknowledged that there was some degree of causal relationship between the injection treatment and the injury, but found the evidence insufficient to prove this fact.

The court stated, "It cannot be considered proven that the defendant administered the injection with bare hands or took unhygienic measures," and added, "It is difficult to view the defendant's actions as work-related negligence."