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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