A ruling was issued on August 2 in a case involving a three-day-old baby who died at a hospital.
The court found the hospital negligent and awarded 5억 4,000만 won in damages.
News like this often makes people wonder, “Is a lawsuit the only option?” But there is another procedure available before that.
3-line summary
1. In medical malpractice disputes, you can apply for mediation before filing a lawsuit.
2. The application fee is 2만 2,000 won, and a decision is issued within 90 days.
3. In death cases, the procedure begins even if the hospital refuses.
2만 2,000 won, 90 Days
This is the Korea Medical Dispute Mediation and Arbitration Agency. It is a state institution established in 2012 that steps in to mediate disputes between patients and hospitals over medical accidents.
| Item | Details |
|---|---|
| How to apply | Online, by mail, fax, or in person |
| Fee | From 2만 2,000 won (for claims up to 500만 won) |
| Expert review | Within 60 days after commencement (one 30-day extension) |
| Mediation decision | Within 90 days after commencement (one 30-day extension) |
| Filing deadline | 10 years after the accident, or 3 years from the date you became aware of the damage and the party responsible |
The fee rises gradually as the amount claimed increases, but it remains nowhere near the level of litigation costs. Basic livelihood security recipients and people of national merit are exempt, while people with disabilities receive a 30~50% reduction.
You need to watch the deadlines. Only treatment provided on or after April 8, 2012 is eligible. And you cannot file if either the 3-year or 10-year period has passed.
If the Hospital Says No
This is the most important part of the system.
Ordinarily, mediation begins only if the other party agrees. If a hospital says it will not participate, the process does not open and ends there. For a long time, this was the system’s biggest gap.
That is why an exception was introduced in 2016. If any of the following applies, the procedure begins automatically without the hospital’s consent.
- The patient has died
- The patient has been unconscious for 1 month or more
- The patient has been left with a serious disability
It was created in the wake of singer Shin Hae-chul’s medical accident and is commonly called the “Shin Hae-chul Act.” Death cases such as this neonatal case fall under this provision.
What Changes if Mediation Is Reached
If both sides agree to the mediation decision, it has the same effect as a settlement reached in court. It is treated in the same way as a final judgment, so the same matter cannot be litigated again, and if the other party does not pay, enforcement proceedings can begin immediately.
There is also a mechanism for cases in which the other party ultimately fails to pay the agreed compensation: the advance payment system for damages. The agency pays first and later seeks reimbursement from the hospital. It can be used not only when mediation is reached, but also when an amount has been finalized by a court judgment.
How Is It Different From Litigation?
The biggest difference is who makes the medical assessment.
In litigation, a separate institution is selected to conduct the expert review, and the parties bear the cost. Costs of several million won are common, and it can take months for the results to come out.
In mediation, the agency’s own expert review panel handles this work. Doctors, lawyers, consumer representatives, and others participate, and the cost is included in the application fee.
There are clear limits, however. Mediation ultimately ends only if both sides accept it. If either side rejects the decision, it does not take effect, and the matter must then proceed to litigation. Applying for mediation does not eliminate your right to file a lawsuit.
What to Gather Before Applying
This ruling illustrates the point clearly. Among the acts the court found negligent was altering records after the fact. Feeding-related records had been changed after the baby died.
That is why the order matters.
Obtain copies of the medical records first. Patients and their guardians may request their issuance by law. In the event of death, family members apply. It is better to request nursing records, test results, imaging, and medication records as well.
Write down the timeline. What symptoms occurred at what time, who was notified, and when action was taken. In this case as well, the time taken from confirming cyanosis to reporting the matter to 119 served as a basis for the court’s judgment.
Record the people you speak with. Note the name and position of the person who gave the explanation, as well as the time. When someone later says, “I never said that,” this may be all that remains.
What the Court Found in This Case
For reference, the negligence recognized by the ruling had several layers: giving too much formula in a short period of time, delaying the report even after identifying abnormalities, attempting treatment without a doctor, performing cardiopulmonary resuscitation using an adult method rather than one for an infant, and the record alteration mentioned above.
It is worth noting that the court did not reach its conclusion based on just one issue, but assessed the treatment and records as a whole. The defendants appealed.
The phrase most often heard from people who have experienced a medical accident is, “I don’t know where to begin.”
The first step does not have to be litigation. It costs 2만 2,000 won, and in a death case, the door opens even if the other side refuses.
Sources
- Korea Economic Daily Newborn dies at hospital…Court awards 5억 damages over “overfeeding and inadequate response”
- Seoul Newspaper Newborn dies just 3 days after birth…“Hospital negligent for ‘overfeeding,’ ordered to pay 5억4천만원”
- MBC Newborn dies after drinking 270ml over 8 hours…Court says, “Hospital overfed the baby”
- Easy-to-Find Practical Law Mediation by the Korea Medical Dispute Mediation and Arbitration Agency
- Korea Medical Dispute Mediation and Arbitration Agency How to apply for mediation · Fees
- Ministry of Health and Welfare Medical Dispute Mediation System
For the ruling, this article relied on the reports above; for procedures and fees, it relied on guidance from the agency and the Easy-to-Find Practical Law Information service.
This article is informational material summarizing the system and the ruling; it is not legal advice. Whether negligence occurred and the scope of compensation can vary greatly depending on the circumstances, so please confirm how to proceed in an actual case through a lawyer or consultation with the agency.