So you want to sue your Korean doctor in a Korean court? IPG has handled numerous medical malpractice matters for plaintiffs and defendants of medical malpractice cases in Korea in Korean courts and we were, prior, to having knowledge of the composition of the new Korean Medical Dispute Mediation and Arbitration Agency – were very pessimistic about its usefulness for plaintiffs.
When we first heard about the enactment of the new Korean Medical Malpractice Law we were skeptical if the system would be useful for plaintiffs, since, often, the court and prosecutors are able to assert more pressure on doctors than this type commission and we were worried that this agency would be dominated by doctors.
However, after a discussion with one of the standing commissioners of the Korean Medical Dispute Mediation and Arbitration Agency, who we know well and who we worked with in the past, we have come to realize that the composition of the panel lends itself to providing a fair forum for both doctors and patient plaintiffs. The Commission is not, adequate for all cases. Please consult with a Korean medical practice lawyer prior to filing any medical malpractice cases in Korea.
We will be writing more articles on medical malpractice in Korea over the next few weeks.
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- Korean Medical Malpractice Arbitration Law
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- Enforcement of Arbitral Awards in Korean Courts: Arbitration Law Basics
- U.S. Court Refuses to Enforce Taiwan Arbitral Award: Lesson for Drafting Arbitration Clauses in Korea
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