A court has ruled that a hospital and its attending physician must pay over 540 million won (approximately $450,000) to the parents of a newborn who died just three days after birth, acknowledging medical negligence.
On August 2, the Seoul Central District Court's Civil Division 15, led by Judge Park Jeong-ki, ordered the defendants, including the attending physician A and the hospital director, to pay the full amount claimed by the parents. The court also mandated that the hospital's insurance company contribute up to 50 million won and directed a payment of 5 million won to the infant's maternal grandmother.
The incident occurred in January 2024. The hospital fed the two-day-old newborn a total of 270ml of formula in six separate feedings over an eight-hour period, from 7 p.m. to 3 a.m. the following day. However, around 5 a.m., the infant was found in a state of cyanosis and apnea.
When emergency responders arrived, the child was already unresponsive and not breathing, and the attending physician was not present during the emergency treatment. The infant ultimately died at 7 a.m. that day. An autopsy by the National Forensic Service determined the cause of death to be asphyxiation due to aspiration of vomit.
The court noted, "Considering the size of the newborn's stomach and the recommended feeding amount, the medical staff overfed the infant, violating their duty of care."
The court also held the medical team accountable for their inadequate emergency response. It stated, "Despite confirming cardiac arrest, they waited 30 minutes before calling emergency services, and a nurse attempted intubation without the physician's authorization, delaying necessary actions." Additionally, it criticized the application of adult CPR guidelines instead of the appropriate infant guidelines during resuscitation efforts.
The hospital's claim of sudden infant death syndrome was dismissed by the court, which stated, "Speculative possibilities cannot overturn causality, and had the duty of care been fulfilled, the infant's life could have been saved." The court also highlighted issues with a nurse altering feeding records and changing her testimony the day after the incident.
The court ruled that even though the criminal case was closed without charges, the lack of thorough investigation does not negate civil liability. However, the defendants have appealed the ruling.
* This article has been translated by AI.
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