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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