Death from Perforation After Colonoscopy... Court Recognizes Medical Negligence

Partial Victory for Bereaved Family... 12.75 Million Won Compensation Ruling
"Considering the Low Probability of Perforation During Diagnostic Endoscopy"

The family of a patient who died during hospitalization after a colon perforation occurred during a colonoscopy procedure won partial damages in a lawsuit against the hospital.

On the 4th, Judge Oh Gyu-hee of Civil Division 12 at Ulsan District Court announced a partial ruling in favor of the plaintiff family in a damages lawsuit filed against B Internal Medicine Clinic by the family of the deceased Mr. A (then in his 70s). The court ordered the clinic to pay the family a total of 12.75 million KRW plus interest (delayed damages).

Ulsan District Court

Mr. A underwent a colonoscopy at B Internal Medicine Clinic in Gyeongnam in September 2021 due to changes in bowel habits, during which a colon perforation occurred. He was immediately transferred to another hospital where he underwent laparoscopic suturing surgery and was discharged without complications. However, starting five days after the surgery, he experienced repeated hernias accompanied by bowel obstruction and symptoms such as aspiration pneumonia, leading to a deterioration of his condition. He was treated in the intensive care unit and passed away in October of the same year. According to the death certificate, the cause of death was peritonitis caused by colon perforation and hernia, which led to bowel obstruction and pneumonia. Consequently, Mr. A’s family filed a lawsuit seeking approximately 83.9 million KRW in damages from B Internal Medicine Clinic.

The court recognized that medical negligence occurred during the colonoscopy. It cited that when Mr. A was transferred from B Internal Medicine Clinic to another hospital, the reason for transfer was clearly stated as "colon perforation during endoscopy," and that Mr. A had no significant illnesses other than hypertension and taking gastrointestinal medication. The court also considered that the probability of colon perforation during a diagnostic endoscopy procedure is very low, ranging from 0.03% to 0.8%. However, the court limited the clinic’s liability to 70%. This was based on the fact that Mr. A’s advanced age increased the likelihood of colon perforation during the endoscopy, the relatively high frequency and risk of sepsis after surgery, and the possibility that other factors besides the colon perforation contributed to the development of sepsis.

The court stated, "Overall, the medical staff at B Internal Medicine Clinic breached the duty of care required of a physician," but added, "Considering various circumstances, it would be unfair to place all responsibility solely on the defendant." It further ruled, "The amount of consolation money for the deceased is set at 10 million KRW," and ordered, "B Internal Medicine Clinic must pay the family a total of 12.75 million KRW, which includes 10 million KRW in consolation money and 2.75 million KRW, representing 70% of the 3.92 million KRW hospitalization treatment costs incurred from after the endoscopy until death."