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Legal Intellectual

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Q

I want to report a medical accident. What kind of evidence is needed?

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I started a part-time job on March 11 and worked until May 18 when I received a dismissal notice. Then I can't receive dismissal notice pay and need to file for unfair dismissal remedy, right? In terms of months, I worked in March, April, and May — is the 3-month criterion for dismissal notice pay based on days? The company has more than 5 employees. Please tell me the deadline if I can file an unfair dismissal administrative lawsuit.

medical accident report

A

Answer to Related Inquiry

In medical accident reports and related lawsuits, what is important is to prove the "negligence of the medical staff" and the "causal relationship between the negligence and the damage".


For this, the following evidence is needed.

∙ Medical records and examination results

Medical records that detail the treatment process and the medical staff's treatment history are the most basic and essential evidence.

If the medical records are not properly written or the contents have been manipulated, this can act as a suspicious circumstance, so it is important to request and secure the originals.

∙ Statements and testimonies of medical staff

The statements of the doctor in charge, nurses, and other medical staff also become important evidence.

If the content of subsequent statements has changed compared to the initial explanation, this can help reveal suspicious circumstances based on this.

∙ Objective materials such as photos and videos

Photos or videos showing the condition of the surgical site, side effect symptoms, and changes before and after treatment help prove the damage.

If possible, it is good to secure evidence by period of before and after the medical staff's treatment.

∙ Medical expenses, outpatient records, and other cost materials

Costs incurred during the treatment process and inpatient/outpatient records are also evidence necessary for calculating damages and proving the damage.

In conclusion, when preparing a medical accident report, you should first secure medical records, and through the appraisal of medical experts, you must be able to objectively prove the negligence and causal relationship.

However, since it can be somewhat difficult for ordinary people to proceed with evidence collection and appraisal procedures alone, we recommend receiving help from medical specialist attorneys and evidence investigation experts to prepare systematically.

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