A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field
Background Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical mal...
| Main Authors: | , , , |
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| Format: | Article |
| Language: | English |
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Thieme Medical Publishers, Inc.
2016-05-01
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| Series: | Archives of Plastic Surgery |
| Subjects: | |
| Online Access: | http://www.thieme-connect.de/DOI/DOI?10.5999/aps.2016.43.3.278 |
| _version_ | 1811304655817277440 |
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| author | Bo Young Park Min Ji Kim So Ra Kang Seung Eun Hong |
| author_facet | Bo Young Park Min Ji Kim So Ra Kang Seung Eun Hong |
| author_sort | Bo Young Park |
| collection | DOAJ |
| description | Background Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future.
Methods We conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved.
Results The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW (629,995 USD). The most common ratio of the judgment amount to the claim amount was 20%–30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%), violation of the duty of care in 10 cases (17%), violation of both duties in 20 cases (35%), and no violation of duty in six cases (10%).
Conclusions Cosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise. |
| first_indexed | 2024-04-13T08:11:08Z |
| format | Article |
| id | doaj.art-49c6bc96983a4c5f8aa5ed4986bd5349 |
| institution | Directory Open Access Journal |
| issn | 2234-6163 2234-6171 |
| language | English |
| last_indexed | 2024-04-13T08:11:08Z |
| publishDate | 2016-05-01 |
| publisher | Thieme Medical Publishers, Inc. |
| record_format | Article |
| series | Archives of Plastic Surgery |
| spelling | doaj.art-49c6bc96983a4c5f8aa5ed4986bd53492022-12-22T02:54:59ZengThieme Medical Publishers, Inc.Archives of Plastic Surgery2234-61632234-61712016-05-01430327828310.5999/aps.2016.43.3.278671A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery FieldBo Young Park0Min Ji Kim1So Ra Kang2Seung Eun Hong3Department of Plastic and Reconstructive Surgery, Ewha Womans University Mokdong Hospital, Ewha Womans University School of Medicine, Seoul, KoreaDepartment of Plastic and Reconstructive Surgery, Ewha Womans University Mokdong Hospital, Ewha Womans University School of Medicine, Seoul, KoreaDepartment of Plastic and Reconstructive Surgery, Ewha Womans University Mokdong Hospital, Ewha Womans University School of Medicine, Seoul, KoreaDepartment of Plastic and Reconstructive Surgery, Ewha Womans University Mokdong Hospital, Ewha Womans University School of Medicine, Seoul, KoreaBackground Disputes regarding medical malpractice occur between practitioners and patients. As patients have become increasingly aware regarding medical care, an increase in the unexpected side effects of procedures has been observed, thereby leading to an increase in disputes regarding medical malpractice. In this study, we reviewed trends in precedents involving cosmetic surgery-related medical disputes, with the goal of helping to prevent unnecessary disputes in the future. Methods We conducted a search of the judgments made in South Korean courts between 2000 and 2013 that were related to the field of plastic surgery. A total of 54 judgments were analyzed, and the selected precedents were reviewed and classified according to the kind of negligence involved. Results The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW (629,995 USD). The most common ratio of the judgment amount to the claim amount was 20%–30%. The judgments were classified according to the following categories: violation of the duty of explanation in 17 cases (29%), violation of the duty of care in 10 cases (17%), violation of both duties in 20 cases (35%), and no violation of duty in six cases (10%). Conclusions Cosmetic surgery-related suits require different approaches than general malpractice suits. The Supreme Court requires plastic surgeons to determine the type, timing, methods, and scope of their treatments when considering possible results. Therefore, practitioners should be educated on their rights and responsibilities to enable them to cope with any possible medical dispute that may arise.http://www.thieme-connect.de/DOI/DOI?10.5999/aps.2016.43.3.278surgery, plasticmalpracticemedical errorsliability, legal |
| spellingShingle | Bo Young Park Min Ji Kim So Ra Kang Seung Eun Hong A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field Archives of Plastic Surgery surgery, plastic malpractice medical errors liability, legal |
| title | A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field |
| title_full | A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field |
| title_fullStr | A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field |
| title_full_unstemmed | A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field |
| title_short | A Legal Analysis of the Precedents of Medical Disputes in the Cosmetic Surgery Field |
| title_sort | legal analysis of the precedents of medical disputes in the cosmetic surgery field |
| topic | surgery, plastic malpractice medical errors liability, legal |
| url | http://www.thieme-connect.de/DOI/DOI?10.5999/aps.2016.43.3.278 |
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