주한외국인법률정보

[HOAM Foreign Law Column] Medical Accidents in Korea: How Foreigners Can Seek Accountability

A guide to medical negligence claims and dispute mediation for foreign patients in Korea.

[HOAM Foreign Law Column] Medical Accidents in Korea: How Foreigners Can Seek Accountability
Table of Contents

Foreigners who undergo medical treatment or surgery in Korea often face unexpected complications. Due to language barriers and a lack of information on Korean medical law, many miss the critical window for securing evidence. If you believe medical negligence has occurred, you must act systematically.

1. What Constitutes Medical Negligence?

Medical negligence is determined by whether the medical staff fulfilled the 'Duty of Care' required of an ordinary physician at the current medical level. Key categories include:

  • Diagnostic Errors: Failure to identify a condition despite clear symptoms.
  • Surgical Malpractice: Physical errors during an operation.
  • Breach of Duty to Explain: Failing to inform the patient of potential side effects or risks before a procedure. This is a very common ground for damages in Korea.

2. The Golden Rule: Secure Medical Records Immediately

If you suspect an error, immediately request 'Copies of All Medical Records.' By law, medical institutions cannot refuse a patient's request without a justifiable reason. This includes:

  • Progress Notes (Gyeong-gwa Girok-ji)
  • Operation Records (Su-sul Girok-ji)
  • Nursing Records (Gan-ho Girok-ji)
  • Imaging Data (X-rays, MRIs, CT scans) Securing these before they can be altered is the most critical step in any medical lawsuit.

3. Mediation via KMDMA (A Faster Alternative)

Before filing a formal lawsuit (which can take years), consider the Korea Medical Dispute Mediation and Arbitration Agency (KMDMA).

  • Pros: Much faster (usually resolved in 90-120 days) and cheaper than a court case.
  • Cons: The medical institution must agree to the mediation for it to proceed. However, once an agreement is reached, it has the same legal force as a court judgment.

4. Criminal vs. Civil Action

In severe cases involving death or permanent disability, a criminal complaint for 'Professional Negligence' may be filed. This allows the police to forcibly secure evidence. However, a criminal conviction does not automatically grant monetary compensation; a separate civil lawsuit for damages is still required.

5. Why Hoam Law Firm?

Medical litigation is one of the most difficult legal fields because the burden of proof often lies with the patient. Hoam Law Firm works with medical experts to conduct thorough 'Record Appraisals' (Gam-jeong). We ensure that language barriers do not prevent you from holding the medical institution accountable and receiving the compensation you deserve.

#MedicalMalpractice #KoreaMedicalLaw #KMDMA #MedicalNegligence #PatientRights #HoamLawFirm

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