Korean Medical Malpractice Law and the Medical Malpractice Arbitration System

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 this 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 panel lends itself to providing a fair forum for both

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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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English-speaking Korean lawyers and International Lawyers at International Law Firm in Korea discussing issues of Korean Law

IPG Legal is a leading client-focused international law firm with offices in Korea that is, often, selected over the ubiquitous Korean Law Firms when success is essential and success depends on nuanced street-smart advice, proactive  and unconflicted representation. Our attorneys are, intentionally. different from the crowd.  From our retired judge partners to our junior associates, we are all trained with an intense focus on client success, lawyer proactivity, and to understand the nexus between your commercial and legal needs. Our attorneys shall never push to you useless memos, non-nuanced legal advice or get you into litigation without an honest assessment of the merits and shortcomings of the matter. We are  – intentionally different from the crowd.  Globally Experienced – Locally Connected.  We are IPG.  Korean Legal Practices Korean Antitrust, Competition & FTC Arbitration, Int’l & Domestic Korean Civil Litigation Korean Criminal Defense Korean Corporate Law & Compliance Korean Employment, Labor &

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Korea’s Medical Devices Act Amendment: Monetary and Monetary-Like Benefits to Healthcare Workers

The Korean government is fighting the pervasive practice of rewarding doctors and other healthcare providers for utilizing the products of medical device and pharmaceutical companies.  A passive quid pro quo has led, in the eyes of many in the Korean government, to an industry that is dominated by a few players (most of which are noted foreign players). The Korean Medical Devices Act and clarifying rules prohibit manufacturers and importers from providing monetary or monetary-like benefits in all forms but those explicitly listed under the amended Maintenance of Order from Distribution and Sale of Medical Devices Rule (“Medical Devices Rule” or “Rule”).  The amended rule came into force in January of 2015. This Medical Devices Rule covers all types of monetary and monetary-like compensation except for certain specified benefits including: sample, funding of clinical trials, post-market surveillance and support for presentations. The salient parts of this convoluted Rule is as

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Class Action/Mass Tort Actions in Korea

Plaintiffs in Korea, with rare exceptions, are unable to file class action lawsuits in Korean courts.  The, only, two exceptions are under the Securities-Related Class Action Act of Korea (derivative/shareholder suits) and certain limited product liability claims under the Consumer Act of Korea (Suits by designated consumer advocacy groups or organizations). However, because of a recent massive data leak by major Korean-based banks, numerous NGOs, some attorneys and legislators have, again, demanded the implementation of a US-style class action system. Two bills are pending at the National Assembly of Korea entitled The Class Action Act of Korea and Consumer Basic Lawsuit Act of Korea.  The Korean Class Action Act is modeled after Rule 23 of the Federal Rules of Civil Procedure. We don’t see these bills coming to a vote anytime soon or the Korean Court System demanding the implementation of a class action law for consumers, because of Korean

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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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