Hospital Proceeded with Natural Delivery Despite Mother's Request
Newborn Ultimately Diagnosed with Disability
Suwon High Court Orders "Pay 600 Million Won in Damages"
The court has recognized medical malpractice in a case where a newborn was left disabled after hospital staff continued to attempt a natural delivery despite the mother's request for a cesarean section. The court ordered the hospital to pay approximately 600 million won in damages.
Yonhap News reported on October 28 that the Civil Division 2 of the Suwon High Court (Presiding Judge Lee Sooyoung) ruled that Hospital A must pay 620.99 million won in damages to Mr. and Mrs. B and their son, C. This amount is about 61.72 million won higher than the compensation awarded in the first trial.
Mr. and Mrs. B filed a damages lawsuit against the hospital in 2020, and both the first and second trial courts acknowledged the medical staff's negligence.
The courts in both trials stated, "Although it can be presumed that abnormal signs indicating possible fetal distress appeared during the delivery process, the hospital staff failed to closely monitor the progress of the mother, plaintiff B, who required special attention, and the fetus. As a result, they did not provide appropriate treatment in response, such as changing the mother's position, supplying oxygen, or performing an emergency cesarean section, which constitutes medical negligence."
The court further stated, "It is recognized that, as a result, C suffered the disability in question," and added, "As the employer of the medical staff involved, the defendant is liable to compensate the plaintiffs for damages resulting from this unlawful act."
In 2016, Mrs. B gave birth via natural delivery at an obstetrics clinic in Gyeonggi Province. At the time, she experienced a difficult labor and requested a cesarean section from the medical staff twice. However, the hospital decided to proceed with a natural delivery.
The medical staff attempted delivery after correcting the fetal axis using a vacuum extractor, and Mrs. B eventually gave birth to her son with difficulty. Immediately after birth, C did not cry or breathe on his own. He showed no Moro reflex response and exhibited generalized cyanosis, so he was immediately transferred to the neonatal intensive care unit.
After his difficult birth, C was diagnosed with hypoxic-ischemic encephalopathy and, in March of the following year, with a brain lesion disorder. He currently suffers from physical and speech disabilities, as well as cognitive impairment, and requires assistance from others in all areas of daily life.
Subsequently, Mr. and Mrs. B filed a damages lawsuit against the hospital in 2020, stating, "The mother suffered a difficult labor and requested a cesarean section, but the medical staff neglected their duty of care to closely monitor the progress, such as by regularly checking the fetal heart rate, and instead forced a natural delivery, resulting in C's disability."
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