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The Legal Doctrine on the Liability of Physicians in Medical Malpractice Lawsuits Involving Complex Regional Pain Syndrome

Authors
 SuHwan Shin  ;  Seung Gyeong Jang  ;  KyeongTae Min  ;  Won Lee  ;  So Yoon Kim 
Citation
 Journal of Korean Medical Science, Vol.33(9) : e46, 2018 
Journal Title
 Journal of Korean Medical Science 
ISSN
 1011-8934 
Issue Date
2018
Keywords
Complex Regional Pain Syndromes ; Jurisprudence ; Malpractice
Abstract
BACKGROUND: Complex regional pain syndrome (CRPS) involves severe pain and it is difficult to identify the exact cause or pathogenesis. Therefore, there are controversies regarding legal issues related to the establishment of damage in medical malpractice lawsuits involving CRPS. This study aimed to analyze malpractice lawsuits involving CRPS, which occurred after the disputed medical treatment, to provide information on the courts' opinion and characteristics of the cases. METHODS: This study analyzed 23 lawsuit judgments involving CRPS that were sentenced from 2005 to 2015. RESULTS: A total of 12 of the 23 cases were partially ruled in favor of the plaintiff. The average amount (KRW) claimed was 470,638,385 +/- 860,634,092 (21,000,000 to 4,020,000,000), and that awarded was 72,906,843 +/- 53,389,367 (15,000,000 to 181,080,803). Sixteen of the 23 cases had CRPS type I. In 11 of 23 cases, the site of the pain was located in the lower limb and in 14 cases there was no presence of trauma or event prior to medical treatment. CONCLUSION: Nerve injury was the most frequent reason for taking responsibility in compensating damage in malpractice cases involving CRPS. Physicians should consider various possibilities of such complications in medical practices. It is important to identify and improve areas which need to be improved for patient safety through analyzing the lawsuit judgment cases.
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DOI
10.3346/jkms.2018.33.e46
Appears in Collections:
1. Journal Papers (연구논문) > 1. College of Medicine (의과대학) > Dept. of Medical Law and Bioethics (의료법윤리학과)
1. Journal Papers (연구논문) > 1. College of Medicine (의과대학) > Dept. of Anesthesiology and Pain Medicine (마취통증의학교실)
Yonsei Authors
김소윤(Kim, So Yoon) ORCID logo https://orcid.org/0000-0001-7015-357X
민경태(Min, Kyeong Tae) ORCID logo https://orcid.org/0000-0002-3299-4500
이원(Lee, Won) ORCID logo https://orcid.org/0000-0002-6948-6948
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URI
https://ir.ymlib.yonsei.ac.kr/handle/22282913/162059
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