Thoracic Surgeon Who Removed Normal Lung Instead of Cancer Cells, Civil and Criminal Liability [Seocho-dong Legal Story]

A woman in her 30s, Ms. A, discovered an abnormality in her lungs by chance while receiving treatment for enteritis. In November 2017, she underwent a biopsy at a regional national university hospital and was advised that a detailed diagnosis was necessary, so she visited S Hospital, a tertiary general hospital in Seoul. The diagnosis revealed lung cancer. The lungs consist of five parts: the left upper lobe and left lower lobe on the left lung, and the upper lobe, middle lobe, and lower lobe on the right lung. Ms. A had a malignant tumor in the left lower lobe. However, the tumor was small in size and it was stage 1 without metastasis.

In December of that year, Ms. A underwent surgery at S Hospital. Professor J, who had worked as a thoracic surgeon for over 30 years, performed the operation. However, instead of removing the left lower lobe where the tumor was located, the left upper lobe was resected. A month later, the medical staff realized the mistake and disclosed it to Ms. A. She had to undergo a second surgery about two months after discharge, resulting in the entire left lung being removed.

According to the legal community on the 20th, Ms. A filed a criminal complaint against Professor J and also filed a civil lawsuit seeking damages.

The civil lawsuit verdict came first. In April, the 15th Civil Division of the Seoul Central District Court (Presiding Judge Choi Gyu-yeon) ruled that the hospital must pay Ms. A and her family a total of approximately 560 million KRW. The court stated, "If the left lower lobe had been resected without surgical negligence, the loss of working capacity would have been none or minimal," and added, "There appeared to be no special health abnormalities or issues other than the lung cancer diagnosis, and considering all circumstances including the normal preoperative lung function test results."

Professor J also faced a criminal trial on charges of professional negligence causing injury. On the 13th, Judge Kim Gil-ho of the 11th Criminal Division of the Seoul Central District Court sentenced him to 10 months in prison with a 2-year probation. Judge Kim said, "The victim suffered an injury involving removal of the left upper lobe of the lung. The loss of working capacity is 65%, and she faces serious restrictions in daily life," adding, "The physical and mental pain she has already endured and will endure in the future is expected to be severe." The court also reflected the fact that Ms. A and her family petitioned for a harsh punishment in the sentencing.

Judge Kim further stated, "The defendant admitted his negligence and has completely ceased medical practice since this incident," and "considered comprehensively the civil lawsuit outcome and the additional 10 million KRW deposit made by the defendant during the criminal trial."