CONTENTS
- 1. Medical Dispute | The Risk of Medical Dispute Litigation
- - The Medical Specialist Attorney's Involvement in the Case
- 2. Medical Dispute | Understanding Medical Negligence and Medical Disputes
- - Representative Types of Medical Dispute Cases
- - The Medical Indemnity Mutual Aid Association's Compensation Application System
- 3. Medical Dispute | The Medical Specialist Attorney's Strategic Response
- - Early Conclusion of the Medical Dispute
- 4. Medical Dispute | A Practical Checklist for Medical Practitioners
- - Why the Assistance of a Daeryun Law Firm Medical Specialist Attorney Is Needed
1. Medical Dispute | The Risk of Medical Dispute Litigation
This is the account of a client who came to our firm's medical law attorney facing the risk of litigation after becoming embroiled in a medical dispute.
The client, an orthopedic specialist, treated a patient who came in complaining of long-term knee pain, and then performed conservative treatment and prolotherapy for cartilage damage.
Despite carrying out aseptic procedures to prevent infection before and after the procedure and fulfilling the duty to explain, the patient was diagnosed with septic arthritis at another hospital and underwent surgery, then raised a medical dispute, claiming that the client had committed medical negligence.
The patient initiated a compensation application procedure for this matter through the medical liability mutual aid association and pressured the client by suggesting the possibility of a civil lawsuit.
In response, the client requested the legal assistance of a medical law attorney to respond to the medical dispute.
The Medical Specialist Attorney's Involvement in the Case
The medical specialist attorney actively became involved from the early stage of the case and closely analyzed the patient's claims and the facts.
So that it could be proven that the patient's infection had not occurred due to the physician's carelessness, the attorney decided to comprehensively review the infection prevention measures before and after the procedure, the materials showing fulfillment of the duty to explain, and the medical records, and to submit an opinion on the absence of medical negligence to the medical malpractice mutual aid association.
In addition, the attorney established a strategy in the direction of minimizing the client's harm, also carrying out preventive measures so that the matter would not expand into a civil lawsuit or a criminal complaint.
2. Medical Dispute | Understanding Medical Negligence and Medical Disputes
A medical dispute refers to the entire range of dispute situations in which a patient raises dissatisfaction with a medical result or, citing insufficient explanation, waiting time, side effects, and the like, brings a civil complaint, a demand for settlement, or civil and criminal litigation against a medical institution or a medical practitioner.
Representative Types of Medical Dispute Cases
| Case type | Specific example |
| Dispute over the duty to explain | Patient files a lawsuit due to inadequate explanation of side effects before surgery |
| Dissatisfaction with diagnostic results | Demand for compensation after a disease progresses due to a diagnostic error |
| Side effects after a procedure | Allegation of medical negligence after unexpected side effects occur |
| Allegation of inadequate infection control | Filing a complaint against a medical practitioner on the ground of insufficient aseptic treatment when an infection occurs after a procedure |
| Lack of communication | Patient pursues a grievance and a complaint due to failure to explain treatment results |
The Medical Indemnity Mutual Aid Association's Compensation Application System
In this case, the patient, prior to the medical lawsuit, filed a claim for compensation with the Medical Mutual Aid Association of the Korean Medical Association.
This is a non-litigation procedure for promptly remedying harm from medical accidents, and it operates through the following procedure.
▶Procedure for filing a claim for compensation with the Medical Mutual Aid Association
2. Investigation by the association and expert consultation : Determining whether there was negligence by the medical practitioner and whether there is liability for compensation
3. Proposal of a compensation amount : Proposing a compensation amount to the patient (concluded upon settlement)
4. Litigation possible if settlement fails : If the patient side objects, it may lead to a civil lawsuit
This system aims for a prompt resolution of disputes, but because there is also the possibility that an unfavorable determination may be made against the medical practitioner, the submission of an opinion letter by a specialist attorney and a legal response from the early stage of the application are essential.
3. Medical Dispute | The Medical Specialist Attorney's Strategic Response
The medical attorney responded to the medical dispute with the following strategy.
1. 🔗Medical negligence proof of non-existence
Organizing evidentiary materials such as medical records, infection prevention measures, and records of fulfillment of the duty to explain
2. Submission of a response opinion to the mutual aid association
Reviewing the legal principles and organizing statements to prove the non-existence of negligence
3. Leading negotiations with the patient
Proposing a consolation payment to prevent unnecessary expansion of litigation and negotiating conditions for waiver of 🔗medical civil and criminal liability
4. Inducing closure of the case by preparing a settlement agreement
Blocking the possibility of a separate civil claim beyond the mutual aid association's compensation
Early Conclusion of the Medical Dispute
With the assistance of the medical specialist attorney, the client prepared a settlement agreement under which the client would pay the patient a small consolatory amount as a moral gesture, and the patient would not bring any further lawsuit or seek criminal punishment in the future.
The client was able to avoid a situation in which an unjust medical dispute expanded into unnecessary legal liability, and was also able to minimize the conflict with the patient.
4. Medical Dispute | A Practical Checklist for Medical Practitioners
A practical checklist for medical practitioners to prevent and promptly respond to medical disputes is summarized below.
| Item | Practical Checkpoint |
| Preparation of medical records | Objectively record all procedures, diagnoses, and explanations provided |
| Fulfillment of the duty to explain | Provide a written consent form and sufficient explanation before surgery or a procedure |
| Infection prevention | Thoroughly maintain disinfection, sterilization measures, and verification records |
| Patient response | When a complaint arises, respond after obtaining legal advice and avoid emotional reactions |
| Legal counsel | When signs of a dispute appear, first seek advice from a medical specialist attorney |
Why the Assistance of a Daeryun Law Firm Medical Specialist Attorney Is Needed
A medical dispute is a matter that can begin as a simple complaint and lead to civil and criminal liability.
Drawing on actual experience in advising hospitals and conducting medical litigation, the medical specialist attorneys of Daeryun Law Firm reduce the client’s burden and lead the case to a conclusion through the following comprehensive response.
✅ Preparation of opinion statements for mutual-aid associations
✅ Conducting negotiations with patients on the client’s behalf
✅ Designing strategies to prevent medical disputes
If you need assistance with the initial response to a medical dispute, please proceed with a 🔗legal consultation reservation right now.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
