[Global Epic Reporter Hwang Seong-su] Medical negligence refers to a violation of a doctor's duty of care during work, which violates the rights of patients and causes damage. If a medical accident occurs due to such negligence, the medical professional involved must be held responsible.
Medical practitioners who commit medical negligence are subject to criminal liability (causing manslaughter in the line of duty), civil liability (liability for damages resulting from illegal acts and non-fulfillment of obligations), and administrative liability (revocation of medical license under the Medical Service Act, etc.).
First of all, when a medical dispute occurs, a criminal lawsuit can be filed to contest the crime of causing bodily harm, professional negligence, or gross negligence causing bodily harm. However, in the case of such charges, it is relatively difficult because it must be medically and objectively proven whether the responsibility for the disputed medical accident was clearly due to the negligence of the medical professional.
In the case of license revocation due to violation of the Medical Service Act, which is an administrative responsibility, it is necessary to determine whether the medical professional's serious remarks and treatment process regarding the medical accident occurred were justified and procedurally correct to determine whether the negligence is at a level worthy of license revocation.
Therefore, if a patient is a victim of medical negligence, it is important to hold the two responsibilities above and simultaneously file a civil claim for damages to receive compensation for the damage suffered. At this time, the amount of damages may vary depending on the nature of the medical accident, type of medical institution, relationship with the patient, willingness of the parties to reach an agreement, and acceptance of arbitration by the insurance company.
When a medical dispute occurs, basically, if the insurance company's adjuster reviews the accident and determines that there was medical negligence, the dispute is resolved by proposing the amount of damages, obtaining the patient's consent, paying the insurance money, and reaching an agreement. However, if the patient refuses to apply for insurance or does not accept the amount of compensation suggested by the insurance company, a civil lawsuit legal procedure is carried out even if the patient has subscribed to liability insurance.
In medical lawsuits for damages in civil cases, physical evaluation and medical record evaluation procedures are conducted under the supervision of the court, and based on the evaluation results, the medical professional's negligence, percentage of negligence, and causal relationship with the damage are carefully judged, and if there is negligence, the corresponding amount of damages is calculated.
Attorney Choi Bo-yoon of Daeryun Law Firm (Limited) advised, “There are ways to resolve the dispute through agreement between the parties or through insurance and mediation procedures, but if it leads to a trial, you must seek legal assistance from a medical lawyer with extensive experience in medical malpractice litigation and thoroughly prepare for the lawsuit to avoid losses due to an unfair ruling.”
View full article - In the event of a medical accident due to medical negligence or a dispute over the ratio of negligence, a lawsuit for damages must be prepared.
