Korean Medical Malpractice Law and the Medical Malpractice Arbitration System: Suing a doctor in Korea

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

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Korean Medical Malpractice Arbitration Law

Korean Medical Malpractice lawsuits are often compared to “Beating one’s head against the wall,” since Korean medical malpractice lawsuit are, typically, difficult for patients to prevail in.  In medical malpractice cases, in Korea, and in most developed jurisdictions, the plaintiff has the duty to establish, among other things, a nexus between the alleged injury and the actions or in actions of the doctor.  Proving this nexus is, often, difficult because of the apprehension of expert witnesses (doctors) to step on the toes of other doctors, cost of obtaining neutral experts and lack of adequate legal resources for injured patients. One valid means of obtaining a remedy, in a cost effective manner, is via Korea’s Medical Dispute Medication & Arbitration Agency (“KMDMA”). However, under the prior Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes (abbreviated as “Medical Dispute Mediation Act”) the a plaintiff was, only, able to

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Medical Malpractice Arbitration System in Korea: A Good Option for Many Plaintiffs

IPG has handled numerous medical malpractice matters for plaintiffs and defendants of medical malpractice cases in Korea in Seoul courts and we were, prior, to having knowledge of the composition of the new Korean Medical Dispute Mediation and Arbitration Agency 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 a mediation commission (i.e. Labor Commission) and 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 body lends itself to providing a

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Korean Medical Malpractice Arbitration System: Korean Medical Malpractice Attorneys in Seoul, Korea

The Korean National Assembly, recently, passed a law that will create a state agency with the authority to control arbitration of medical malpractice cases in Korea. The facial thrust of the new law is to reduce the cost and time of resolving Korean medical malpractice cases. My Irish pessimism leads me to believe that this is more of a tool for doctors to avoid the shame and time associated with criminal and civil complaints.  However, many claim that the make-up of the agency will favor patients. I assume, in most cases, those with informed attorneys will likely opt to and resolve their dispute with a Korean doctor through criminal and civil complaints and forego this arbitration procedure. Yonhap news has noted a few troublesome aspects of the new law. It is very welcoming that patients will be able to get compensation for their damages from medical treatments quickly and easily.

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English-Speaking Arbitration Attorneys in Korea

International arbitration between Korean companies and American, Australian, British, Chinese, Indian, German and other nation companies is on the increase.  Regrettably, few Korean attorneys are capable of handling international arbitration cases in the English language, because of the lack of experience in complex international arbitration and the lack of adequate English language skills.  The reality is Korea has few English-speaking arbitration attorneys capable of handling complex international arbitration matters, thus, many firms have turned to foreign attorneys to fill this glaring gap.   Sean Hayes is the author of the he Korean Law Blog .  English-speaking Korean attorneys contribute to this blog.  Sean Hayes, his retired Korean judge partner, a senior associate and other international attorneys for IPG are engaged in international arbitration at the Korean Commercial Arbitration Board and other international arbitration board for multinational companies for cases against Korean companies.   Clients engaged us for construction, manufacturing, joint venture and

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Korea Legal News for the Week of July 7, 2013

This Week’s Korean Legal News Reported by Media Korean expats to get ID cards Feud surfaces between old, new governments Military will set up security cams at women’s barracks 40% of CEOs graduated from top 3 Korean Universities Luxury brands’ sales suffer slide in Korea Capital requirement toughened for interracial marriage brokers 2 Koreas agree to reopen Kaesong Complex Police to step up probe over sex bribery scandal South Korea, Honduras launch high-level policy consultation Korean-American environmental activists to visit Suncheon Most Recent Posts from The Korean Law Blog Game Regulations being Enforced to Korean Children Annulments Possible in Korea? Intention of the Marriage Potential Factor in Korean Court’s Annulment Decision Inside Korea’s Two-Tiered Economy by Tom Coyner Medical Malpractice Arbitration System in Korea: An Good Option for Many Plaintiffs You can Succeed in Korea without Resorting to Bribery? Korean Business/Service Marks Protection under the Unfair Competition Prevention and Trade

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