Chapter 20
Chapter 20
Episode 20
“......Why me?”
“Didn’t you hear? It’s not a problem that can be handled by an ordinary student. Then, we have to ask a ‘not ordinary’ student.”
Choi Sung-chul shrugged his shoulders as if he was showing off.
“I remember Park Yoo-seung from his undergraduate days. I can’t forget him. From the first class, he was so drunk that he was sprawled out in the back row of the lecture hall, and he also wrecked my car. He was such a delinquent, such a delinquent.”
“......”
“And yet, you not only got into Korea University Law School, but you also managed to achieve fifth place, surpassing other outstanding applicants?”
Logically, it doesn’t make sense. Choi Sung-chul added.
“For that to make sense, you have to be a genius who defies common sense. Of course, I think that’s possible. After all, you’re the nephew of Dean Kang Chang-soo, who was even called a pillar of Korean law, aren’t you?”
Choi Sung-chul specifically mentioned my blood relation with Kang Chang-soo.
Along with asserting that my scores were illogical.
“I’m just saying, let’s see your skills, genius.”
The intent was, of course, obvious.
‘......This guy.’
Choi Sung-chul clearly intended to corner me and make me look bad with a case that even the top student Shin Seo-joon had acknowledged that he couldn't solve at the student level.
And then, he would raise questions about my scores, using that as material to shake Dean Kang Chang-soo.
“Did you hear that?”
“Park Yoo-seung is the Dean’s nephew? Then maybe......”
In fact, the suspicion that Choi Sung-chul had planted was already sprouting among the students’ murmurs.
Of course, he was completely wrong.
Kang Chang-soo had only seen me as a thorn in his side, and the scores were something that I, who had possessed the body of the real Park Yoo-seung, had obtained fairly by twisting myself inside out.
And above all.
“Okay.”
For me, this case was not an unsolvable problem.
“Sure, I’ll do it.”
“Wh, whaa......?”
When I headed towards the phone without any hesitation, a look of bewilderment flashed across Choi Sung-chul's face.
“Ah, Mr. Oh Gi-tae. Can you hear me?”
Ah, yes, yes.
“First, I’ve organized and reviewed the things that you’ve said so far.”
Yes.
“Based on just this, it seems difficult to legally attack the nursing home.”
Th, that can’t be......
“There are two main points that you can claim in civil law in this case.”
One. A claim for damages based on the nursing home’s violation of its ‘duty of care’ to look after Oh Gi-tae’s father and maintain his health in relation to the accident.
Two. A claim for damages for medical malpractice in that the nursing home's orthopedics department misdiagnosed the father's injury, leading to a serious injury.
‘The legal basis for both is Article 750 of the Civil Act, but there’s no need to explain that.’
I wasn’t writing an answer sheet.
What I had to do now was give an explanation and a course of action to an ordinary person who knew nothing about the law in a way that they could understand.
The legal principles were enough to be properly written down in the opinion letter later.
“Both are difficult. First, since a nursing home is not a real hospital or medical institution, they are not required to meet a high level of obligation like them. If they are only properly equipped with safety facilities and the number of caregivers as required by the related laws, it is difficult to recognize negligence.”
Th, then what about the medical malpractice side?
“That’s also difficult. Although you can claim misdiagnosis since there was a difference from the university hospital's diagnosis, not every misdiagnosis is considered negligence.”
I also gave an easy example.
“Have you ever seen this kind of news before? There was a case where a doctor misdiagnosed an X-ray image, and a patient was transferred to another place after receiving the wrong treatment, and then died of complications six months later. It seems like it was the doctor’s fault, but the Supreme Court denied medical malpractice even in that case.”
This time, I searched for ‘facility standards and staff placement standards for elderly medical welfare facilities.’
A fairly large table appeared, but only the following was needed right now.
Install night lights in the hallway.
Install ramps on the stairs.
The floor should be made of a soft, non-slip material.
Have at least one caregiver for every 2.3 residents.
“If you look at the facility photos posted on the homepage or the staff employment status, they seem to be following these standards well. It doesn’t make sense that it was because it was dark since there are night lights, and although it can’t be confirmed from the photos if the floor is non-slip, it’s also funny to assume that they used a weird material for the floor while following all of the other regulations.”
Th, then why did my father.
“If there’s a problem, there’s a high possibility that it’s with the walker itself that he slipped with. Please try to remember carefully. Was there anything special that your father said about his life at the nursing home recently?”
Then, I added slightly.
“For example, if he had fought with someone, or had a conflict.......”
Ah, ahh!
Oh Gi-tae shouted as if he had been struck by lightning.
Th, come to think of it, there was! About 2 or 3 days before the accident, he said that there was a rude caregiver, and he was clashing with him all the time.......
“That’s important testimony. Ask your father for the name of that person, and then contact him and let's hear what he has to say. Also, ask the nursing home to check the condition of the walker and to view the CCTV footage of the accident.”
I, I did ask about the CCTV once, but the nursing home said that they couldn’t show it due to internal regulations.
“That’s illegal. According to Article 35 of the Personal Information Protection Act, if you request to view your own recorded footage, the person who installed the CCTV cannot refuse. Ask again, and if they refuse again after you record the call, submit it to the police station.”
-......Thank you! Thank you! It feels like I can see a way out!
The client’s voice, who had found a new path, was bright.
He thanked me several times, saying that he had never thought of that, and then he hung up the phone, saying that he was going to ask his father and meet that caregiver right away.
‘That guy is actually the culprit.’
In the original story, in the midst of a long and tedious legal battle, the caregiver, who was unable to bear the guilt, revealed the truth to the client’s side, and the situation was reversed.
After having a fight with Oh Gi-tae’s father every day, the caregiver had a grudge.
So he intentionally swapped the wheels of the walker with broken ones.
He had thought that he would just fall and land on his butt, and he was going to laugh at him, but he had been at a loss when he was injured so badly that he had to have major surgery.
From the start, I had known the whole story of the incident.
The reason why I had brought up the possibility of safety standards was just to persuade the client.
If I found that caregiver and got a confession, the main point of the case would no longer be the tricky ‘proving the nursing home’s negligence.’
There was also a way to get money from the nursing home, the employer, using the caregiver’s direct tort liability or Article 756 of the Civil Act, which was the employer liability.
It wasn't a difficult fight since I had a solid piece of evidence, which was the caregiver’s confession.
Since he was such an impulsive person with a weak mentality who would confess out of guilt, I would be able to get a testimony from him with just a bit of pressure.
‘In the original story, he spoke too late, so the CCTV footage was gone, and the walker had been thrown away, so they had a hard time finding evidence.’
But it would be different this time.
Because I had advised him to quickly secure evidence.
‘I also learned about the CCTV and the Personal Information Protection Act from a security guard at my old company in my previous life.’
In short.
It was a solved case.
“Well, then.”
I finally took my eyes off the memo pad and raised my head.
“Do you have anything to say?”
Then, I made eye contact with Choi Sung-chul, who was looking at me as if he had been hit in the face.
“Uh, th, uhh.......”
After stammering for a long time, Choi Sung-chul barely managed to spit out one word.
“W, wonderful.......
It was a declaration of complete defeat.
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