The Story Behind Korea’s Laws: Your Guide to Korea’s Legal Pulse
SEOUL, Nov. 18 (Korea Bizwire) — A South Korean court has dismissed a damages suit filed by a patient who alleged that a university hospital was responsible for a bile duct injury sustained during gallbladder surgery, ruling that the complication did not constitute medical negligence.
In a decision released Sunday, Judge Han Jong-hwan of the Gwangju District Court rejected the claim brought by a patient identified as A, who sought nearly 100 million won (US$76,000) in damages from a university hospital in Gwangju and its surgeons.
A was admitted in January 2021 for acute cholecystitis and underwent gallbladder removal surgery. After the procedure, the patient developed abdominal pain and jaundice.
Subsequent tests revealed an unintended bile duct injury, prompting additional surgery. Over the next year, A suffered recurring high fevers and abdominal symptoms, eventually being diagnosed with liver abscesses and cholangitis at other hospitals.
Arguing that the bile duct injury and resulting complications — including bile duct strictures that could trigger future liver abscesses — stemmed from improper surgical technique, A filed suit seeking compensation for medical costs, lost income, and projected future treatment.
The court, however, found no breach of duty. Citing expert opinions from the Korean Medical Association, the judge noted that bile duct injuries occur in up to 1.7 percent of gallbladder surgeries, with more than half going undetected during the operation. The risk was also explicitly outlined in the consent form A signed before surgery.
Medical assessors further concluded that complications such as liver abscesses and cholangitis are well-documented outcomes among patients who undergo follow-up reconstruction surgery after bile duct injuries.
“The operative notes indicate that the initial surgery was more complex than an ordinary cholecystectomy,” the ruling said. “Even if the patient later developed liver abscesses or cholangitis, these fall within the range of generally recognized postoperative complications.”
The ruling underscores the high legal threshold for proving malpractice in cases where statistically recognized surgical risks materialize — even when complications lead to prolonged medical hardship for patients.
Jerry M. Kim (jerry_kim@koreabizwire.com)
