Severe Adhesions from Two Past Surgeries
Court: "Unreasonable Surgery Performed and Duty to Explain Violated"
A court ruling has ordered a doctor to pay approximately 24 million won in compensation to a man who suffered penile amputation and disability after undergoing penis enlargement surgery.
On the 19th, the Chosun Ilbo reported that Judge Park Seol-ah of the Civil Division 4 at the Seoul Eastern District Court ruled partially in favor of the plaintiff, Mr. A, in a damages lawsuit filed against Dr. B, who performed the surgery, on the 25th of last month.
In April 2020, Mr. A visited Dr. B’s clinic for a consultation regarding penile implant surgery. When Mr. A disclosed that he had previously undergone two penis enlargement surgeries, Dr. B recommended inserting a silicone implant. Although Dr. B explained that due to prior surgeries, it would be difficult to peel off internal tissues and there could be significant bleeding, he reportedly failed to properly inform Mr. A about the possibility of severe penile damage or complications such as erectile dysfunction during the surgery.
Subsequently, in May, Mr. A underwent the implant surgery, during which severe bleeding occurred, and he was urgently transferred to a higher-level hospital. At the hospital, it was found that Mr. A had suffered serious injuries, including a 100% severance of the corpus cavernosum (cylindrical tissue inside the penis). Although reconstructive surgery was immediately performed, Mr. A was left with disabilities that made it difficult to urinate while standing or engage in sexual activity.
Mr. A filed a damages lawsuit against Dr. B, demanding payment of over 57 million won. The court held Dr. B responsible for performing an excessive surgery. The court found that Dr. B "attempted forceful dissection in a state where the corpus cavernosum and existing implants were severely adhered due to two previous surgeries, making it difficult to understand the normal anatomical structure of the penis, which caused serious damage."
The court further pointed out, "Although Dr. B explained to Mr. A that dissection would be difficult and bleeding could occur due to previous surgeries, he did not inform him that the corpus cavernosum could be damaged and that sexual dysfunction such as erectile dysfunction could arise." The court added, "It is difficult to conclude that all risks (complications) that could arise from the surgery were fully explained."
The court ruled that "due to medical negligence and breach of the duty to explain, there is an obligation to compensate for both property and mental damages," and set the compensation for Mr. A’s mental suffering at 20 million won. The court explained that the amount was determined considering the degree of Dr. B’s medical negligence and breach of duty to explain, the extent of penile injury, and the treatment progress. Additionally, considering the difficulty of the surgery, the court limited Dr. B’s liability for property damages to 60%.
Accordingly, the court ordered Dr. B to pay a total of approximately 24.63 million won, including 4.63 million won (60% of the direct damages of about 7.7 million won for medical expenses incurred by Mr. A) and 20 million won in consolation damages. It is reported that Dr. B appealed the first trial decision on the 14th.
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