J Korean Neurosurg Soc.  2018 Jul;61(4):474-477. 10.3340/jkns.2017.0404.012.

Cerebral Aneurysms in Judicial Precedents

• Lee KS
• Shim JJ
• Shim JH
• Oh JS
• Yoon SM

• KMID: 2417323
• DOI: http://doi.org/10.3340/jkns.2017.0404.012

Abstract

OBJECTIVE
From November 30, 2016, the Korean Government carried the revised Medical Dispute Mediation and Arbitration Act into effect. Mediation will start automatically without agreements of the defendant, when the outcome of the patient was death, coma more than a month or severe disability. Cerebral aneurysm has a definite risk of bad outcome, especially in the worst condition. Any surgical intervention to this lesion has its own high risk of complications. Recently, Seoul central district court decided 50% responsibility of the doctors who made a rupture of the aneurysm during coiling (2015Ga-Dan5243104). We reviewed judicial precedents related to cerebral aneurysms in lawsuit using a web search.
METHODS
We searched judicial precedents at a web search of the Supreme Court, using the key words, "cerebral aneurysm".
RESULTS
There were 15 precedents, six from the Supreme Court, seven from the High Court, and two from district courts. Seven precedents were related to the causation analysis, such as work-relationship. Five precedents were malpractice suits related bad results or complications. Remaining three precedents were related to the insurance payment. In five malpractice precedents, two precedents of the Supreme Court reversed former two precedents of the High Court.
CONCLUSION
Judicial precedents on the cerebral aneurysm included not only malpractice suits, but also causation analysis or insurance payment. Attention to these subjects is needed. We also need education of the independent medical examination. To avoid medical disputes, shared decision making seems to be useful, especially in cases of high risk condition or procedures.

Keyword

Cerebral Aneurysm; Negotiating; Causality; Expert Testimony; Malpractice

MeSH Terms

Aneurysm
Coma
Decision Making
Dissent and Disputes
Education
Expert Testimony
Humans
Insurance
Intracranial Aneurysm*
Malpractice
Negotiating
Rupture
Seoul

Figure

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  Fig. 1. Subjective distribution of precedents related to cerebral aneurysms.

Reference

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