A doctor who amputated a man's penis during a penile enlargement surgery was fined at the first trial.
According to the legal community on the 20th, Choi Ji-yeon, a judge from the Seoul Central District Court's Criminal Division 9, sentenced urologist A to a fine of 7 million won for professional negligence resulting in injury.
A was indicted for allegedly amputating the penis of man B (in his 30s) during a penile enlargement surgery in May 2020. B stated during a consultation at the hospital before the surgery that he had already undergone penile enlargement surgeries twice.
In response, A informed that the penile corpora cavernosa and the existing implant might be severely adhered, making dissection difficult, and there could be significant bleeding, and that the implant might need to be removed again.
However, it was found that A did not explain the risks of damage to the penile corpora cavernosa and the urethral corpora cavernosa during the bleeding and dissection process, which could lead to erectile dysfunction and other sexual dysfunctions, as well as urination difficulties, in cases of severe adhesion.
In fact, when bleeding occurred during the surgery and damage to the penile corpora cavernosa and urethra was suspected, A stopped the surgery and transferred B to another hospital with the surgical area pressed with gauze to stop the bleeding.
At the transferred hospital, B was diagnosed with complete amputation of the penile corpora cavernosa and over 95% amputation of the urethral corpora cavernosa. He immediately underwent surgery to restore the damaged area, but serious aftereffects such as urination difficulties and sexual dysfunction were confirmed afterward.
The court stated, "It appears that A could have taken measures to prevent serious complications by being careful to avoid damage and stopping dissection upon confirming that dissection was difficult or severe damage was present." It also noted that A injured B while trying to perform dissection hastily in a state where the existing implant was severely adhered, making it difficult to understand the anatomical structure of the penis.
It was also pointed out that, while the surgery consent form signed by B noted that complications could occur depending on the patient's condition and that such complications could be unpredictable and beyond anyone's control, it would still be difficult for an ordinary victim to anticipate severe complications like those currently being endured merely based on A's explanation.
The court explained the reasons for sentencing, stating, "B has been suffering significant physical and mental pain for a long time following the surgery," and added, "He has not received a genuine apology from A and is pleading for a severe punishment."
However, it mentioned, "Considering the characteristics of the surgery and the anatomical structure of the surgical area, there are some mitigating circumstances," noting that A attempted to prevent further harm by transferring B to a higher-level hospital and paid for hospital fees and surgery and hospitalization at the higher-level hospital.
It further mentioned the civil trial related to the incident, adding that "B's claim has been partially accepted, which is likely to help restore his damages."
Earlier, the Seoul Eastern District Court ruled in the civil trial last January that A was to compensate B for 60% of the medical expenses, amounting to 4.63 million won, and 20 million won in damages, totaling approximately 24.63 million won. A's appeal is currently pending in the second trial.