Newborn dies 3 days after birth; court orders clinic to pay W540m in damages

A Seoul court has ruled that medical staff at an obstetrics clinic bear responsibility for the death of a newborn who died three days after birth, ordering the hospital to pay the full amount sought by the infant's parents.

According to legal sources Sunday, the 15th Civil Division of the Seoul Central District Court, presided over by Chief Judge Park Jeong-gi, granted the plaintiffs' full claim of 540 million won ($375,000) in a damages suit filed by the deceased infant's parents against the attending physician, identified only as A, and the clinic's director.

The court ordered the physician and the clinic director to pay the amount jointly. An insurer that had a policy with the hospital was also held jointly liable up to a limit of 50 million won.

However, the court only partially accepted a separate emotional distress claim filed by the infant's maternal grandmother, ordering 5 million won to be paid.

The infant was born Jan. 16, 2024, and had been staying in the hospital's newborn nursery, receiving feedings and medical checks.

Two days later, between 7 p.m. on Jan. 18 and 3 a.m. the following morning — a span of roughly eight hours — the infant was fed six times for a total of 270 milliliters.

At around 5 a.m. on Jan. 19, the newborn was found in a state of generalized cyanosis and apnea. The hospital called emergency services, but when paramedics arrived the infant was already unresponsive and not breathing. The baby died at around 7 a.m. the same day.

Drawing on autopsy findings by the National Forensic Service, the court determined that overfeeding caused vomit to obstruct the infant's airway, triggering hypoxia, and that inadequate emergency response by medical staff further contributed to the death.

"Given the size of a newborn's stomach and the recommended single-feeding volume, a large amount of milk was administered in a short period of time," the court said. "The medical staff fed the infant at their own convenience in violation of their duty of care."

The court also found fault with the hospital's response after the emergency arose.

"Even after cyanosis and cardiac arrest were observed in the newborn, it took approximately 30 minutes after the condition was confirmed before emergency services were called," the court said. "Emergency measures were delayed because a nurse attempted — and failed — to perform endotracheal intubation, a procedure only a physician is authorized to carry out."

The court added that CPR was also improperly administered, with staff applying the adult 2-to-1 compression-to-ventilation ratio rather than the 3-to-1 ratio specified in newborn guidelines.

The hospital argued that no overfeeding had occurred and that the cause of death was sudden infant death syndrome, not asphyxiation from airway obstruction — a claim the court rejected.

"As long as a causal link between the overfeeding negligence and the asphyxiation death from aspirated vomit is presumed, the mere possibility of sudden infant death syndrome is not sufficient to overturn that conclusion," the court said.

The court added that even if sudden infant death syndrome had been the cause, there would have been a possibility of preserving the infant's life had the medical staff fulfilled their duty of care.

On the attending physician and others having been cleared of charges in a related criminal case, the court said the criminal investigation had been closed for insufficient evidence without a thorough probe into the newborn's care, and that the finding was separate from the civil negligence determination.

The defendants have appealed the ruling.