Background Disputes regarding medical malpractice occur between practitioners and patients.
As patients have become increasingly aware regarding medical care, an increase in
the unexpected side effects of procedures has been observed, thereby leading to an
increase in disputes regarding medical malpractice. In this study, we reviewed trends
in precedents involving cosmetic surgery-related medical disputes, with the goal of
helping to prevent unnecessary disputes in the future.
Methods We conducted a search of the judgments made in South Korean courts between 2000
and 2013 that were related to the field of plastic surgery. A total of 54 judgments
were analyzed, and the selected precedents were reviewed and classified according
to the kind of negligence involved.
Results The claim amounts ranged from under 8 million KRW (6,991 USD) to 750 million KRW
(629,995 USD). The most common ratio of the judgment amount to the claim amount was
20%–30%. The judgments were classified according to the following categories: violation
of the duty of explanation in 17 cases (29%), violation of the duty of care in 10
cases (17%), violation of both duties in 20 cases (35%), and no violation of duty
in six cases (10%).
Conclusions Cosmetic surgery-related suits require different approaches than general malpractice
suits. The Supreme Court requires plastic surgeons to determine the type, timing,
methods, and scope of their treatments when considering possible results. Therefore,
practitioners should be educated on their rights and responsibilities to enable them
to cope with any possible medical dispute that may arise.
Keywords
Surgery, plastic - Malpractice - Medical errors - Liability, legal
