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The court decided that the oriental medicine doctor and the hospital should compensate the patient with infectious spondylitis (epidural abscess) due to negligence in hygiene management during acupuncture.
According to the legal community today (15th), Civil Part 3-1 of the Gwangju District Court (Appeals Department, Judge Park Jeong-woon) said, "The hospital should pay about 60 million won." Some of the plaintiffs prevailed.
In June 2016, Mr. A had pain in his back after exercising, so he went to a general hospital for treatment and returned home. On the same day, he visited an oriental medicine hospital again and received acupuncture treatment (acupuncture, cupping, and bongchim).
Afterwards, as the fever, pain, and weakness in the lower body worsened, Mr. A underwent posterior decompression surgery three days later at the university hospital following the diagnosis of 'intraspinal abscess, granuloma, and dura mater'. Staphylococcus aureus was also detected as a result of Mr. A's blood culture test.
Person A filed a lawsuit for damages of 190 million won, saying, "Oriental doctor B and the operator of an oriental medicine hospital C caused infectious spondylitis and paralysis of both legs due to negligence in hygiene management and violation of caution."
According to the results of physical and medical examination, Mr. B and Mr. C did not take appropriate measures to prevent the bacteria on Mr. A's skin from penetrating into the body during the procedure, so Staphylococcus aureus entered the body of Mr. A, causing epidural pesticides to occur or deepen. He explained that it caused the symptoms of incomplete paralysis following spinal cord injury.
In response, the court said, "The acupuncture site and the site of infectious spondylitis are the same, and the symptoms appear three days after the acupuncture, and the correlation is recognized. Compensation for the damage suffered by A due to the illegal act of the procedure to B and C. We have a responsibility to do so," and decided to pay 60.2 million won by limiting the liability ratio of B and C to 30%.
The court ruled that Mr. A did not take any measures for more than two days even though symptoms appeared after the treatment at the oriental medicine hospital, and that there is a risk of infiltration of the causative bacteria that cause epidural abscesses in the case of medical treatment that is injected into the body other than acupuncture treatment. It is known that the scope of liability was set on the basis of this.
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