Korean J Dermatol.  2023 Mar;61(3):162-169.

Analysis of Judicial Precedents on Drug Eruption in South Korea

Affiliations
  • 1Department of Dermatology, School of Medicine, Ewha Womans University, Seoul, Korea
  • 2School of Law, Korea University, Seoul, Korea

Abstract

Background
Both medicolegal disputes and the incidence of cutaneous drug eruptions are increasing in Korea. We were unable to find research that surveyed the legal disputes involving drug eruption cases.
Objective
This study investigates medical litigation associated with drug eruption cases in Korea.
Methods
Judicial precedents on drug eruption cases were searched using the Supreme Court of South Korea’s Written Judgement Management System. General characteristics, results, suspected agents, and recognized negligence were analyzed.
Results
From the search results, 50 cases were selected. Of these, 34 cases had severe cutaneous adverse reactions, including Stevens-Johnson syndrome/toxic epidermal necrolysis (n=25, 50.0%), and drug rash with eosinophilia and systemic symptoms syndrome (n=9, 18.0%). Antimicrobial agents (n=17, 34.0%), non-steroidal anti-inflammatory drugs (n=6, 12.0%), and anticonvulsants (n=6, 12.0%) were the most common drugs implicated. Death was reported in 15 patients (30.0%). In this sample, 22 cases (47.0%) were awarded to the plaintiff, and violation of the duty to inform patients of risks was the most common legal issue cited.
Conclusion
Clinicians should be aware of and advise patients of the potential for severe adverse reactions that can lead to negative outcomes and medicolegal disputes.

Keyword

Adverse drug reaction; Drug eruptions; Jurisprudence; Malpractice
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