The court has recognized the negligence of a hospital that caused brain damage to a newborn due to inappropriate treatment and has ordered the hospital to pay 1.6 billion won in damages.
According to the legal community on July 25, the Civil Division 12 of the Ulsan District Court (Presiding Judge Lee Yeonjin) ruled partially in favor of the plaintiffs in a damages lawsuit filed by the parents of a girl, referred to as A, against the Ulsan B Hospital Medical Foundation, ordering the hospital to pay approximately 1.6 billion won in compensation.
In April 2022, just a few days after birth, A was admitted to the Department of Pediatrics and Adolescents at B Hospital due to symptoms of jaundice. At the time, a nurse fed A 20 cc of formula and administered an intravenous injection 30 minutes later, after which cyanosis occurred. When A’s skin turned blue, the medical staff performed emergency measures such as oral suction, cardiac massage, artificial respiration, and medication; however, her oxygen saturation remained at 60-70%.
It was only about one hour and thirty minutes after the onset of cyanosis that the guardians were notified of her condition and a transfer to another large hospital was decided. After being transferred, A’s oxygen saturation recovered to 100% only after about an hour of treatment at the new hospital.
A was diagnosed with hypoxic-ischemic encephalopathy and, now at the age of three, suffers from gait disorder, cognitive impairment, and developmental disabilities. Her parents filed a lawsuit, claiming that the hospital’s negligence caused their child to suffer severe disabilities.
The court stated, “Newborns have short esophagi and immature swallowing functions, so intravenous injections should not be administered immediately after feeding, but in this case, the injection was given only 30 minutes after feeding, which is clearly negligent.” The court also pointed out, “It is also problematic that the transfer and notification to the guardians were delayed by more than one hour and thirty minutes after the onset of cyanosis.” In particular, considering that A’s vital signs were stable until the injection, the court found that the treatment was unnecessarily forced in a non-emergency situation.
The court continued, “According to expert opinions, there is a significant causal relationship between A’s brain damage and the hospital’s treatment. The intravenous injection, the delay in transfer, and the failure to explain constitute a breach of the medical contract, and the hospital is therefore liable for compensation, including living expenses and medical costs.”
However, the court limited the hospital’s liability to 80%, taking into account that A had a congenital heart condition.
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