Doctor Not Liable for Damages in 'Apgujeong Rolls-Royce' Case, Court Rules

A court has ruled that a doctor involved in the infamous "Apgujeong Rolls-Royce incident" is not liable for damages to the family of the victim. The ruling concerns Dr. Yeom, who was accused of prescribing propofol and other psychotropic drugs to the driver, Shin, who later caused a fatal accident.

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Based solely on the submitted evidence, it is insufficient to recognize a significant causal relationship between the defendant's act of prescribing/allowing discharge and the deceased's death.

The victim's parents and brother had sued Dr. Yeom for 350 million won, alleging that he was jointly responsible for the death by allowing Shin to drive despite being under the influence of medication. They argued that Dr. Yeom should bear responsibility for professional negligence or joint tortious acts.

However, the Seoul Central District Court's Civil Division 951 dismissed the lawsuit, stating that the evidence presented was insufficient to establish a significant causal relationship between Dr. Yeom's actions, prescribing and allowing the patient's discharge, and the victim's death. The court noted that Dr. Yeom had cautioned Shin against driving if he felt dizzy or affected by the medication, and it was unreasonable to predict that Shin would disregard this advice.

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It is difficult to assume that the defendant (doctor) could have predicted that the patient would disregard his warning and drive.

Furthermore, the court concluded that a doctor's duty of care does not extend to preventing a patient's potential illegal acts against a third party. With no appeal filed by the family, this verdict has become final. Separately, Dr. Yeom has been sentenced to 16 years in prison for prescribing psychotropic drugs like propofol for non-medical purposes and sexually assaulting female patients. The driver, Shin, received a 10-year prison sentence.

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It is difficult to consider that the defendant, as a doctor, bears a duty of care to prevent the patient's illegal acts against a third party.