A Case of Damage Claim: Doctor Didn't Follow Anesthetic Drug Instructions of Blood Pressure Monitoring During Surgery
The defendant Y2 performed an appendectomy surgery on X1. When administering anesthesia, Y2 did not follow the anesthetic drug instructions used to monitor X1’s blood pressure every 2 minutes but instead every 5 minutes as a customary medical practice. During surgery X1 lost consciousness, and his / her blood pressure suddenly dropped. Although a cardiac massage was carried out immediately, X1 still got severe and permanent postoperative brain dysfunction afterwards. The plaintiff, X1’s parents, then filed a damage claim. In the original trial the court considered that Y2 was at fault for not following the anesthetic drug instructions, but its causal relationship with severe brain dysfunction couldn’t be determined. The Supreme Court viewed that” customary medical practice” doesn’t equal “standard of care.” Moreover, according to the forensic study, X1 showed a tendency to hypoxia at the beginning of the surgery. If Y2 had followed the anesthetic instructions to monitor X1’s condition every 2 minutes, it would have been likely to detect abnormalities. Therefore, there was a causal relationship; the plaintiff won.