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Court orders surgeon of dead musician to pay ₩1.6 billion‘Insufficient explanations before surgery, medical malpractice acknowledged’
  • By Choi Gwang-seok
  • Published 2017.04.28 15:01
  • Updated 2017.04.28 15:54
  • comments 0

A local court has ordered the surgeon of the late singer Shin Hae-chul신해철 to pay 1.6 billion won ($1.4 million) in compensation to his family.

In a damage claim suit filed by Shin’s bereaved family against Kang Se-hoon강세훈 who performed surgery on the late star musician, the Seoul Central District Court decided partially in favor of the plaintiff Tuesday, ordering Kang to pay 1.59 billion won to the family members.

A local court has ordered Kang Se-hoon (right), the surgeon of the late musician Shin Hae-chul (left), to pay 1.6 billion won in compensation to Shin's bereaved family.

On Oct. 17, 2014, Shin visited Kang’s hospital complaining of a severe stomachache and was diagnosed with paralytic intestinal obstruction. Kang then performed gastric and intestinal adhesion detachment surgery and stomach reduction surgery on Shin using a celioscope. After these surgeries, however, Shin’s condition rapidly aggravated as he suffered from peritonitis symptoms such as high fever and pain, and was transferred to another hospital for emergency surgery, but died Oct. 27.

Shin’s family demanded compensation of 4.52 billion won later, claiming, “Kang didn’t get the patient’s consent for the surgeries and was negligent to take care of Shin suffering from severe pain, leading him to death.”

The court ruled in favor of the bereaved family, recognizing Kang’s violation of liability for explanation and his medical malpractice. “When Shin arrived at the hospital complaining of a severe stomachache, Kang diagnosed his case as paralytic intestinal obstruction, and immediately performed surgery to detach the adhesion, although the situation was far away from requiring an emergency operation,” the court said. “In the process, Kang did not even consider or attempt the possibilities of other treatments.”

“Before performing gastric suture, Kang did not sufficiently explain about risks, including the possible occurrence of peritonitis, infringing on the autonomous decision by the patient,” it said. “Also, Kang failed to do his best to find out causes of severe pain inflicting Shin, who had taken lots of painkillers right after the surgery.”

“Given medical records and various situations, we can’t help but conclude Shin’s death resulted from surgeon Kang’s malpractice,” it went on to say. “Only, Kang will take 80 percent of the responsibility for the incident given the patient’s overall health conditions and symptoms at the time of operation as well as Kang’s effort after the surgery.”

The prosecution had indicted Kang with professional negligence resulting in death by failing to take proper steps after the surgery. On Nov. 25, 2016, the court sentenced him to 10 months’ imprisonment with two years of probation, Kang is undergoing an appeals trial.

cks@docdocdoc.co.kr

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