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Hospital that wouldn't perform C-section ordered to compensate family after baby born with disability

Published: 28 Oct. 2025, 19:09

An image of a statue of Justitia, the goddess of justice [KOREA JOONGANG DAILY]

A Suwon court ordered a hospital to compensate a family after doctors refused to perform a C-section during a difficult delivery, which caused their baby to be born with a disability.

The Suwon High Court upheld the lower court’s ruling but increased the compensation by over 61 million won ($42,400), ordering the hospital to pay 620.99 million won to the parents and their son.

“We believe there were signs during the delivery that suggested fetal distress,” the court said. “Despite this, the hospital staff failed to properly monitor the mother, who required special attention, as well as her fetus. They neglected to provide appropriate treatment, such as repositioning the mother, administering oxygen or performing an emergency C-section.

“We find that the couple’s son sustained a disability as a result of this incident. The hospital, as the employer of the medical staff involved, is liable to compensate the plaintiffs for the damages caused by this unlawful act.”

The mother eventually gave birth to her son through vaginal delivery at an obstetrics clinic in Gyeonggi in 2016. During a prolonged and difficult labor, she and her husband asked the medical staff twice to perform a C-section, but the doctors refused and continued with a natural delivery.

The medical team used a vacuum extractor to adjust the baby’s position and completed the birth. But the baby didn’t cry or breathe on his own, and showed no startle reflex. He was immediately transferred to the neonatal intensive care unit.

Doctors at another hospital later diagnosed the boy with brain damage caused by a lack of oxygen and blood flow during birth. In March the following year, he was officially diagnosed with a developmental brain disorder.

“We went through a difficult labor and repeatedly requested a C-section,” the couple said. “The medical staff neglected their duty of care by failing to closely monitor the fetus, including checking the fetal heart rate regularly.

“By pushing ahead with a forced vaginal delivery, they caused our son to develop a disability.”

The couple filed a damages lawsuit against the hospital in 2020. Both the lower and high court acknowledged the medical staff’s negligence.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY HYEON YE-SEUL [[email protected]]