Supreme Court rules medical staff liable for delayed testing after oxygen therapy

The Supreme Court of Korea has ruled that medical staff can be held civilly liable for damages if a patient dies after a failure to conduct necessary tests following high-concentration oxygen therapy. The court overturned a lower court decision that had cleared the medical team of liability.

The case involved an elderly male patient with chronic obstructive pulmonary disease (COPD) who received oxygen therapy. Despite clinical guidelines suggesting arterial blood gas tests be performed 30 to 60 minutes after starting oxygen therapy, the hospital did not conduct the test until more than 12 hours later, after the patient's condition had significantly deteriorated.

While the doctor had previously been acquitted of criminal professional negligence resulting in death, the Supreme Court emphasized that civil liability standards differ. The court noted that due to the difficulty of proving medical malpractice, the burden of proof regarding causation should be eased if the patient can demonstrate the existence of negligence and the likelihood that such negligence caused harm. The case has been remanded to the Busan District Court to determine the specific scope of damages.