Infection Worsened by Repeated Steroid Injections... "Doctor 40% Responsible"

Gwangju High Court Partially Recognizes Medical Staff's Negligence
Orders 82.51 Million KRW in Compensation

The court has partially recognized the medical staff's responsibility and ordered compensation for a patient who suffered permanent disability in the ankle due to aggravated infection from repeated steroid injections administered at short intervals.

The 3rd Civil Division of the Gwangju High Court (Presiding Judge Choi Changhun) announced on the 13th that, in the appellate trial of a medical malpractice compensation lawsuit filed by Mr. A against Dr. B and Hospital Director Mr. C, the court ruled in favor of the plaintiff in part, ordering the defendants to pay 82,510,000 KRW in damages.

Mr. A underwent surgeries for the knee, ligaments, and hallux valgus at the hospital in 2020 and continued to complain of persistent pain. From April to July of the same year, the medical staff administered a total of six steroid injections to the ankle area. However, the pain gradually worsened, and Mr. A had to undergo four additional surgeries.

The infection symptoms continued to worsen, leading to Mr. A being transferred to a university hospital for another surgery, and ultimately, Mr. A suffered permanent functional impairment in the left ankle joint.

Mr. A filed a lawsuit, claiming that the medical staff proceeded with surgery without an accurate diagnosis and aggravated the infection by repeatedly administering steroids without appropriate intervals.

The appellate court found it difficult to conclude that there was clear negligence in the surgery itself, but determined that "administering repeated injections to the same area without at least a minimal interval constitutes a breach of duty of care" regarding the injection treatment.

The court stated, "Triamcinolone is generally administered at intervals of 1 to 2 weeks, but the defendants injected the same area at intervals of 3, 4, and 5 days," and "It is recognized that the prescribed method of use and standards were not followed." The court added, "As a result, it is reasonable to conclude that the infection occurred or was aggravated, leading to the plaintiff's disability."

The court of first instance had determined the medical staff's share of responsibility to be 90%, but the appellate court lowered it to 40%. This decision took into account the various causes of infection, the difficulty in conclusively attributing the infection itself to medical negligence, and the practical challenges of complete prevention.

The court emphasized, "Since administration of the drug to an infected area is clearly contraindicated, it is evident that the medical staff neglected to sufficiently consider the patient's condition when administering the injections."