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Legal Intellectual

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Q

I have become embroiled in a medical accident dispute. Do I need to retain an attorney?

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Hello. I am a person who runs a small neighborhood hospital. A little while ago, I became embroiled in a medical accident dispute, and it is a headache… There are also aspects that feel unfair, so honestly I do also want to respond. However, since I have heard from those around me that medical litigation takes a long time, I do not know whether it would be right to just reach a settlement or whether it would be better to retain an attorney. I seek the valued opinion of a medical accident attorney.

medical accident dispute

medical negligence

damages for medical negligence

A

Answer to Related Inquiry

You have inquired about a medical accident dispute. Because it is difficult to know the exact reasons for what kind of medical accident you were involved in, a precise answer is difficult, but I will briefly explain how to respond when a medical accident dispute arises.

If a medical accident has occurred, there are broadly two methods of response.

The first, as you may well know, is to undergo the procedure of the Korea Medical Dispute Mediation and Arbitration Agency and receive a conciliation decision, and the second is civil·criminal litigation.

If the victim has raised the issue, it is presumed that you would have received a complaint or a certified content-proof mail.

If arbitration is requested through the Korea Medical Dispute Mediation and Arbitration Agency, after an investigation of the facts of the case and an appraisal of them, you will be recommended the content of a conciliation.

If the conciliation is not established, it may lead to litigation.

You may think that an attorney is needed only when it leads to litigation.

If you have become involved in a medical accident dispute, it is best to retain a medical accident attorney at an early date and establish a strategy for responding in a legally advantageous way before the fact-finding investigation proceeds.

In addition, a medical accident can lead not only to a civil matter but also to a criminal case.

If it leads to a criminal case, depending on the matter it may also lead to criminal punishment, so from the hospital's standpoint it may instead bring about an unfavorable outcome.

Therefore, if you have become embroiled in a medical accident dispute, it is best to respond after receiving legal advice, and we recommend that you receive the help of a medical accident attorney who can provide prompt assistance with derivative cases as well.

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