디스크 수술 뒤 다리 마비·배변장애…대법 “의료진 배상해야”

The Supreme Court of Korea recently ruled that hospitals are responsible for compensating patients who suffer complications following disk surgery. In a case involving patient "K," the lower court dismissed the patient's lawsuit against the hospital and sent it to Seoul High Court. Patient "K" had sought treatment for lower back pain and leg numbness at a spine specialist hospital in Gyeonggi-do in April 2018.

Diagnosed with lumbar disc herniation, the hospital performed a discectomy via a thoracoscopic approach in May 2018. However, after the surgery, "K" experienced a range of symptoms including leg paralysis, lower back pain, and bowel obstruction. Despite undergoing subsequent surgeries, the symptoms persisted and "K" had to be transferred to another hospital for further treatment.

Initially, the first instance court ruled in favor of the hospital, ordering them to pay around ₩12 billion in compensation to "K." The Supreme Court, however, overturned this decision and sent the case back to the Seoul High Court. The court emphasized that the patient's symptoms following surgery were likely the result of medical negligence by the hospital's medical staff.

They also questioned the credibility of the hospital's medical records, noting that despite finding a blood clot near the surgical site during two MRI scans, the hospital failed to take appropriate action and instead recorded the patient's condition as stable. The Supreme Court dismissed the case, stating that there was significant evidence suggesting that the hospital's medical staff committed negligence.