Family of Mother Who Died After Cesarean Section Loses Appeal

The bereaved family of a mother who lost consciousness and died the day after a cesarean section has lost their appeal in a damage suit filed against the medical staff.

The 3rd Civil Division of the Incheon Branch of the Seoul High Court dismissed the appeal filed by the plaintiff, the bereaved family of the deceased mother, surnamed A, in their approximately 460 million won damage suit against the obstetrician, surnamed B.

A had been hospitalized after giving birth via a cesarean section at an obstetric and gynecological clinic in Incheon on February 3, 2022.

The following afternoon, she lost consciousness and collapsed while heading to have her surgical dressing changed.

A received cardiopulmonary resuscitation from doctor B and was transferred to another hospital, but she died of a pulmonary embolism on the 8th, five days after the surgery.

At the time, doctor B had been indicted on charges of writing a false medical record stating that they had personally inserted an airway maintenance device during the transfer when it was actually inserted by 119 emergency personnel. B was sentenced to a 5 million won fine in the first trial, but was acquitted by the Supreme Court.

The bereaved family filed the damage suit, claiming that proper procedures such as checking blood coagulation status before and after delivery or securing an airway were not carried out.

The first-instance court did not accept the family's claims, citing that doctor B, upon receiving a call from a guardian, checked her condition within five minutes and provided emergency measures such as supplying oxygen.

The appellate court also judged, based on the opinions of a specialized clinical psychologist, that it was difficult to acknowledge any breach of the duty of care by the medical staff.

The court explained that in an additional blood test conducted ten days before delivery, A's blood coagulation-related levels had recovered to the normal range, and it was difficult to view that the medical staff had a duty of care to check her blood coagulation status immediately after delivery either.

It added that A's consciousness improved for about five minutes after fainting, leaving her in a state capable of spontaneous breathing, and that it was difficult to view that immediate airway securing or intubation should have been performed. The court noted that the specialized clinical psychologist also gave the opinion that it was appropriate at the time to observe progress while supplying oxygen.

The appellate court also rejected the family's claim that the medical staff failed to explain in advance the possibility of a pulmonary embolism occurring due to the cesarean section.

The court stated that it was recognized that doctor B's side had explained the possibility of a pulmonary embolism caused by blood clots as a complication prior to the surgery and received signatures on a consent form, thereby dismissing all of the plaintiff's appeals.

(File Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.