Case of Autologous Fat Graft Breast Augmentation Surgery: From Vagueness to Clarity, an Informed Consent
Party A (plaintiff in the first trial, and appellant in the second trial), for purpose of breast enhancement, undergoes a third autologous fat graft breast augmentation surgery by doctor B (defendant in the first trial, appellee in the second trial). However, party A suffers complications after the surgery, and asserts that doctor B did not disclose possible risks of the surgery, resulting in consent from party A to undergo the surgery without knowing relevant medical information. Party A thereby sues for compensation. The present case involves a dispute over the practice of informed consent in medical practice, and an evaluation of the dispute reflecting on the legal level. The author starts from the relation between the informed consent and the patient’s autonomy, and extends into a discussion on standards for and content of inform obligation, and other such topics, and finally discusses liability for compensation of damages established on the infringement of the patient’s autonomy.