Medical Malpractice Compensation Lawyer
Medical Malpractice Compensation Lawyer | What Happened to You, Explained in Legal Terms
Medical malpractice compensation claims arise when a doctor or hospital breaches its duty of care and that breach causes injury, worsened condition, or death (민법 제750조, 제751조). Because patients rarely have direct access to what happened inside the operating room or during treatment decisions, Korean courts have developed relaxed proof standards that shift some of the burden toward the medical side once the patient shows the injury occurred during medical management and there is no other plausible cause. This page walks through the four issues that usually decide these cases: whether there was negligence, whether that negligence caused your specific harm, whether you were properly informed before treatment, and how much compensation you can claim.
Medical Malpractice Compensation | Proving the Hospital Breached Its Duty of Care
The starting point of every malpractice case is showing that the medical staff failed to do what a reasonably competent practitioner in that field would have done under the same circumstances. This is judged against the standard of care at the time and place of treatment, not against a perfect outcome.
What counts as negligence
Negligence can appear at any stage: a missed or delayed diagnosis, an error during surgery, wrong medication or dosage, inadequate post-operative monitoring, or failure to refer a patient to a higher-level facility in time. Courts compare the actual conduct against the standard practice for that specialty at that time, often relying on expert appraisal reports rather than assuming a bad outcome equals negligence.
The relaxed burden of proof
Because patients typically cannot see what happens during treatment, the Supreme Court has allowed patients to establish a case by showing (1) the injury occurred during the course of medical management, and (2) there is no other explanation for the injury besides medical negligence. Once this is shown, the burden effectively shifts to the medical institution to explain what actually happened and show it was not negligent.
Medical records are the battlefield
Because medical records are drafted and held by the hospital, requesting a full and unaltered copy of the chart, nursing notes, and imaging as early as possible is critical. Discrepancies between what was recorded and what the patient or family observed are often where negligence becomes visible.
Medical Malpractice Compensation | Linking the Negligence to Your Specific Injury
Even where negligence is clear, a claim fails if it cannot be connected to the harm the patient actually suffered. This is usually the hardest part of a medical malpractice case, and it is where cases are most often lost.
Why causation is contested so heavily
The human body can deteriorate from the underlying disease itself, not only from medical error, so hospitals frequently argue the harm would have occurred regardless of any mistake. Establishing that the negligence more likely than not caused or substantially contributed to the outcome usually requires an outside medical appraisal.
Using court-ordered medical appraisal
In most malpractice suits, the court commissions an appraisal from a medical school or the Korea Medical Dispute Mediation and Arbitration Agency (한국의료분쟁조정중재원). The framing of the appraisal request questions matters enormously, since a poorly drafted question can produce an answer that undercuts an otherwise strong case.
Partial causation and comparative liability
Even if the appraisal finds the negligence only partially contributed to the harm (for example, the patient's pre-existing condition also played a role), courts can still award compensation reduced in proportion to the contribution of the medical error, rather than an all-or-nothing result.
Medical Malpractice Compensation | Was Consent to Treatment Properly Informed
Separate from whether the treatment itself was performed competently, a doctor can be liable for failing to explain the risks, alternatives, and likely outcomes of a procedure before the patient agreed to it.
The scope of the duty to explain
Doctors must explain the diagnosis, the necessity and content of the proposed treatment, expected effects, and foreseeable risks in a way the patient can actually understand, so the patient can make a real choice, including the choice to refuse (의료법 제24조의2 for certain procedures; general duty recognized through case law under 민법 제750조).
What a signed consent form does not prove
A signed consent form is evidence that some explanation was given, but it is not conclusive proof that the explanation was adequate. If the form is generic boilerplate signed minutes before surgery, courts may still find the duty to explain was breached.
Compensation for lack of consent alone
Even where the treatment was performed without technical error, a failure to properly inform the patient can support a separate claim for emotional distress damages, distinct from and sometimes in addition to a claim based on treatment negligence itself.
Medical Malpractice Compensation | How Compensation Is Calculated
Once liability is established, the compensation amount is built from several distinct categories, each requiring its own supporting evidence rather than a single lump-sum estimate.
Medical expenses and lost income
This covers past and future treatment costs caused by the malpractice, plus lost earnings during recovery calculated from the victim's actual or statistically comparable income (민법 제393조, 제763조). If the injury results in permanent disability, future lost earning capacity is calculated based on the disability rating and remaining working life.
Consolation money for pain and suffering
Separate from economic loss, courts award consolation money (위자료) for the pain, suffering, and disruption to daily life caused by the injury, and additional consolation money to family members in serious injury or death cases (민법 제751조, 제752조).
Comparative fault and pre-existing conditions
If the patient's own pre-existing illness, delayed reporting of symptoms, or failure to follow post-treatment instructions contributed to the outcome, the final award is typically reduced by a comparative fault percentage rather than denied outright.
⚠ Statute of limitations applies
A tort claim generally must be filed within 3 years of the date the victim (or their legal representative) became aware of both the damage and the person responsible, and in any case within 10 years of the negligent act itself (민법 제766조). Missing these deadlines can bar the claim entirely.
Medical Malpractice Compensation | From First Consultation to Resolution
We review the treatment timeline with you and request the complete medical records, imaging, and nursing notes from the hospital before memories fade or records are amended.
An outside medical consultant reviews whether the treatment departed from accepted practice, which determines whether the case is worth pursuing formally and how the claim should be framed.
Many disputes are first brought to the Korea Medical Dispute Mediation and Arbitration Agency (한국의료분쟁조정중재원) or resolved through direct negotiation with the hospital's insurer, which can be faster than litigation but may result in a lower amount.
If mediation fails or is unsuitable, we file a civil suit for damages, requesting the court to commission a medical appraisal to establish negligence and causation.
The court-ordered appraisal result is often decisive; we prepare targeted appraisal questions and respond to the hospital's rebuttal before judgment or settlement.
Medical Malpractice Compensation | How Legal Fees Are Structured
A base fee charged at the outset of litigation, generally scaled to the complexity of the case, including whether a preliminary medical review is needed before filing.
An additional fee calculated as a percentage of the amount actually recovered, whether through settlement, mediation, or judgment, so the fee is tied to the outcome achieved.
Court appraisal fees and, where used, private expert consultation fees are typically billed separately as actual costs, since these are paid to the appraising institution or expert, not the firm.
Filing fees are calculated based on the amount claimed, and are paid to the court; a portion may be recoverable from the losing party depending on the outcome.
※ Costs vary depending on case complexity and specific circumstances; exact fees will be provided during consultation. No specific outcome is guaranteed.
Medical Malpractice Compensation | Self-Check Before You Contact a Lawyer
1️⃣ Did something go wrong with your treatment?
- Did your condition worsen suddenly during or right after a procedure?
- Were you given a diagnosis, medication, or dosage that turned out to be clearly wrong?
- Did staff fail to monitor you or respond to warning signs you or your family reported?
- Was there an unexplained delay before you were treated, transferred, or referred?
2️⃣ Do you have the evidence you need?
- Have you requested and received a complete copy of your medical records and imaging?
- Do you have your own notes, photos, or messages documenting your condition and what staff told you?
- Are there witnesses (family, other patients) who observed what happened?
- Have you kept receipts for treatment costs and proof of missed work or income loss?
3️⃣ Was your consent properly obtained?
- Before the procedure, were you told the risks, alternatives, and likely outcomes in plain language?
- Did you sign a consent form only minutes before the procedure with no real chance to ask questions?
- Would you have made a different choice if you had understood the risks fully?
4️⃣ Are you within the deadline?
- Has it been more than 3 years since you learned both of the injury and who caused it?
- Has it been more than 10 years since the treatment that caused the harm took place?
- If a hospital or its insurer has already offered a settlement, have you had it reviewed before signing anything?
