A Fever Ignored, a Family Harmed: Postnatal Care Center Ordered to Pay ₩20 Million for Newborn Sepsis

By Juwon Kang, April 23, 2026

A Seoul court has held a postnatal care center liable for failing to act on a newborn’s warning signs, resulting in a dangerous case of sepsis. Here are the key points:

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The Incident

– In September 2022, a mother checked into M Postnatal Care Center in Seocho-gu, Seoul, just four days after giving birth.
– When her baby was 15 days old, staff observed a fever of 37.2–37.7°C and signs of restlessness from the morning onward — but took no action and did not inform the mother.
– By late afternoon, the mother herself noticed the baby’s right eyelid was swollen and red, and the infant was struggling to breathe. She rushed to a clinic at around 5:20 PM.
– By then the baby’s temperature had climbed to 38.8–39°C. The infant was diagnosed with suspected sepsis and eyelid cellulitis, transferred by ambulance to a hospital, and admitted to the neonatal intensive care unit.
– The baby recovered without major complications and was discharged on October 15, 2022 — but required follow-up monitoring until 24 months of age. By 2023, motor development delays were identified requiring rehabilitation, and by late 2024, expressive language delays were confirmed, necessitating further treatment into 2025.

What the Court Decided

– The Seoul Central District Court (Judge Kim Seung-gon) ruled on January 26, 2026, that the care center was liable.
– The court recognized financial damages of approximately ₩530,000 in medical costs and ₩7.2 million for the cost of the center stay itself.
– On top of that, the center was ordered to pay ₩10 million in non-economic damages to the newborn, and ₩5 million each to both parents, for a combined liability cap of approximately ₩17.73 million.

Why the Center Was Found Liable

– The court found that staff failed to take prompt action despite visible warning signs from early morning, and failed to alert the mother — forcing her to discover the crisis herself hours later.
– The Seocho District Health Center had also independently sanctioned M Care Center in December 2022, issuing a corrective order and fine for failing to maintain proper health records and for inadequate response to a suspected illness.
– The judge noted that late-onset neonatal infections — those appearing after the first few days of life — are caused by post-delivery environmental exposure, not the mother. Given the timing and the fact that the baby was entirely in the center’s care, the court found it reasonable to attribute the infection to inadequate hygiene management at the facility.
– The judge added that had the mother not noticed the symptoms herself when she did, the outcome could have been fatal.



Why This Matters

Postnatal care centers in Korea occupy a unique and trusted position in newborn care, and this ruling reinforces that the duty of care they owe is correspondingly high. Posting warning signs or logging temperatures is not enough — facilities must monitor actively, escalate promptly, and communicate with parents without delay. For practitioners advising care facility operators or families affected by similar incidents, this case offers a clear template for how courts will assess negligence and quantify damages.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=218588