A patient who had liposuction died hours later and medical workers were convicted of professional negligence resulting in death.

The Daegu District Court Pohang Branch said it recently convicted two doctors and a nursing assistant indicted for professional negligence resulting in death and other charges.

The patient underwent upper body liposuction surgery at a clinic run by a practicing physician known only as Doctor A in May 2021 and died of excessive bleeding hours later. Doctor A, who performed the surgery, reportedly administered 608 or more milligrams of propofol than the optimal level for sedative purposes and absorbed five or more kilograms of fat than recommended. After the surgery, he performed another operation without giving specific instructions to the nursing assistant and left the clinic.

After a patient died after liposuction surgery, a district court ruled that medical workers did not fulfill their duty of care. (Credit: Getty Images)
After a patient died after liposuction surgery, a district court ruled that medical workers did not fulfill their duty of care. (Credit: Getty Images)

Another plastic surgeon, known only as Doctor B, who provided face-to-face treatment after the surgery, recommended the patient leave the hospital, although the patient showed abnormal symptoms, such as not being conscious and unable to maintain his body properly.

Nor did the nursing assistant properly examine the patient's condition. For example, although the patient's blood pressure during the postoperative recovery process was out of the normal range, she did not report it to Dr. A or B. Moreover, she removed the patient monitoring device that measures blood pressure, pulse, and oxygen saturation in real-time, saying it was needed in other operating rooms.

The court judged that Dr. A did not fulfill his duty of care as the surgeon. It was also confirmed that A did not properly fill out the patient's medical records.

“The surgeon who performs the surgery should conduct the surgery at a level consistent with the medical information, direct or supervise the nursing assistant to check for side effects of the patient in the subsequent recovery process, and has a duty of care to take appropriate action,” it said. “However, Dr. A overdosed on propofol, absorbed fat above the proper level, and pushed ahead with the surgery even though there was a risk of excessive bleeding due to dark red inhalants confirmed during the operation.”

The court saw plastic surgeon B and the nursing assistant violated their duty of care.

“The two were obliged to periodically check the patient's recovery status and take appropriate measures in the event of side effects to prevent death by using specialized equipment, including a patient monitoring device,” the court said. “Dr. B did not closely check the patient's condition even though the latter showed signs of abnormality and the nursing assistant did not report abnormal symptoms to the doctor or take appropriate medical measures. She also removed the patient monitoring device without doctors’ instructions.”

Explaining the reason for its sentencing, the court said, “The defendant's joint negligence resulted in the patient's death. Each person's fault isn't light, leading to the grave consequence of the patient's death. However, they admitted violations and regretted their mistakes. The court also considered the agreement with the bereaved family.”

Accordingly, the court sentenced Dr. A to six months of confinement, suspended for two years, and a fine of 1 million won ($695) for negligence in work and violation of the Medical Service Act. In addition, Dr. B and the nursing assistant were ordered a fine of 8 million won each.

 

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