Foreign patients who experience unexpected complications or lasting harm after treatment or surgery in Korea often miss the window to respond because of language barriers and a lack of information about the process. The bottom line: if a loss resulted from a healthcare provider's negligence, a civil damages claim and mediation through the Korea Medical Dispute Mediation and Arbitration Agency are available regardless of nationality, and in some cases a criminal complaint against the provider is also possible.
How is medical negligence determined?
In medical litigation, the standard is whether the level of care ordinarily required of a physician, given the medical standards at the time of treatment, was met. Common types of negligence include delayed diagnosis, failure to obtain informed consent, errors during surgery, and prescription mistakes — and failing to properly explain the risks and potential side effects before a procedure or surgery is itself a separate ground for a damages claim. However, because of the nature of medical treatment, it is often difficult for the patient to directly prove the causal link between the negligence and the outcome, so obtaining a medical record appraisal or expert opinion becomes the key step in practice.
How should medical records be obtained?
If a dispute is anticipated, the first step is to request copies of the complete medical records from the healthcare institution — progress notes, surgical records, nursing records, imaging data, and so on. A healthcare institution cannot refuse to issue records to the patient without a legitimate reason, and if issuance is delayed or parts of the record are missing, that itself can work against the institution later in litigation. If a patient wants a more detailed explanation in their own language, it helps to request that explanation in writing separately from the medical records themselves.
How can the Korea Medical Dispute Mediation and Arbitration Agency be used?
Filing for mediation with the Korea Medical Dispute Mediation and Arbitration Agency before litigation allows a dispute to be resolved through appraisal and mediation within a relatively short period. Once an application is filed, the healthcare institution is automatically notified and the mediation process begins — but if the institution declines to participate, the process ends, so whether to pursue litigation in parallel should be considered from the outset. If a settlement is reached through mediation, it carries the same effect as a judicial settlement, meaning compulsory execution is possible without a separate lawsuit.
When can criminal liability also be pursued?
If a provider's negligence is severe enough to cause death or serious injury, a criminal complaint for professional negligence resulting in death or injury may also be filed. Note that criminal proceedings run separately from civil damages claims, and even after a criminal conviction is finalized, a separate civil claim for damages must still be filed. A criminal complaint has the practical advantage of allowing investigative authorities to compel the production of medical records and related materials, which is why some patients pursue a criminal complaint before civil litigation.
Medical malpractice disputes become harder to prove over time due to the risk of records being damaged or lost and statute of limitations issues. Jinheon Law Firm provides step-by-step support for foreign patients — from obtaining medical records to filing for medical dispute mediation and pursuing both civil and criminal proceedings.
#MedicalMalpracticeKorea #MedicalNegligence #KoreaMedicalDisputeMediationAgency #MedicalRecords #InformedConsentViolation #ProfessionalNegligenceResultingInDeath #ForeignPatientLawsuitKorea #DamagesClaim #HoamForeignLegalColumn #HoamLawFirm
Foreign patients who experience unexpected complications or lasting harm after treatment or surgery in Korea often miss the window to respond because of language barriers and a lack of information about the process. The bottom line: if a loss resulted from a healthcare provider's negligence, a civil damages claim and mediation through the Korea Medical Dispute Mediation and Arbitration Agency are available regardless of nationality, and in some cases a criminal complaint against the provider is also possible.
How is medical negligence determined?
In medical litigation, the standard is whether the level of care ordinarily required of a physician, given the medical standards at the time of treatment, was met. Common types of negligence include delayed diagnosis, failure to obtain informed consent, errors during surgery, and prescription mistakes — and failing to properly explain the risks and potential side effects before a procedure or surgery is itself a separate ground for a damages claim. However, because of the nature of medical treatment, it is often difficult for the patient to directly prove the causal link between the negligence and the outcome, so obtaining a medical record appraisal or expert opinion becomes the key step in practice.
How should medical records be obtained?
If a dispute is anticipated, the first step is to request copies of the complete medical records from the healthcare institution — progress notes, surgical records, nursing records, imaging data, and so on. A healthcare institution cannot refuse to issue records to the patient without a legitimate reason, and if issuance is delayed or parts of the record are missing, that itself can work against the institution later in litigation. If a patient wants a more detailed explanation in their own language, it helps to request that explanation in writing separately from the medical records themselves.
How can the Korea Medical Dispute Mediation and Arbitration Agency be used?
Filing for mediation with the Korea Medical Dispute Mediation and Arbitration Agency before litigation allows a dispute to be resolved through appraisal and mediation within a relatively short period. Once an application is filed, the healthcare institution is automatically notified and the mediation process begins — but if the institution declines to participate, the process ends, so whether to pursue litigation in parallel should be considered from the outset. If a settlement is reached through mediation, it carries the same effect as a judicial settlement, meaning compulsory execution is possible without a separate lawsuit.
When can criminal liability also be pursued?
If a provider's negligence is severe enough to cause death or serious injury, a criminal complaint for professional negligence resulting in death or injury may also be filed. Note that criminal proceedings run separately from civil damages claims, and even after a criminal conviction is finalized, a separate civil claim for damages must still be filed. A criminal complaint has the practical advantage of allowing investigative authorities to compel the production of medical records and related materials, which is why some patients pursue a criminal complaint before civil litigation.
Medical malpractice disputes become harder to prove over time due to the risk of records being damaged or lost and statute of limitations issues. Jinheon Law Firm provides step-by-step support for foreign patients — from obtaining medical records to filing for medical dispute mediation and pursuing both civil and criminal proceedings.
#MedicalMalpracticeKorea #MedicalNegligence #KoreaMedicalDisputeMediationAgency #MedicalRecords #InformedConsentViolation #ProfessionalNegligenceResultingInDeath #ForeignPatientLawsuitKorea #DamagesClaim #HoamForeignLegalColumn #HoamLawFirm