An average of 1,146 medical malpractice lawsuits have been filed annually over the past decade. (Image courtesy of Yonhap)
SEOUL, Oct. 18 (Korea Bizwire) – Civil lawsuits arising from medical disputes in South Korea take an average of over two years to reach a first-instance verdict, causing significant psychological and economic burdens for both patients and medical professionals, according to a recent report.
Data compiled by Representative Han Ji-ah of the People Power Party, obtained from the Ministry of Health and Welfare, the Supreme Court, and the Korea Medical Dispute Mediation and Arbitration Agency, reveals that an average of 1,146 medical malpractice lawsuits have been filed annually over the past decade.
The length of these proceedings and their low success rates are particularly striking. As of October 10, the average duration of a first-instance trial in medical dispute cases was 25 months, five times longer than the average civil lawsuit, which typically concludes within five months.
Moreover, the full victory rate for plaintiffs in medical dispute lawsuits, excluding partial wins, stands at a mere 1.4%, compared to the 14.2% average for general damages lawsuits.
These protracted legal battles and low success rates underscore the need for more efficient dispute resolution mechanisms. While the Korea Medical Dispute Mediation and Arbitration Agency exists to facilitate such resolutions, it faces significant operational challenges.
In 2023, the agency handled 54,222 medical accident consultations and processed 2,147 medical dispute mediation requests. Orthopedics led the list of specialties with the most mediation requests (294), followed by internal medicine (214), dentistry (180), neurosurgery (116), and general surgery (90).
Despite the high volume of cases, the agency operates with limited personnel: only seven full-time mediation committee members and nine full-time appraisal committee members.
Han emphasized the critical role of medical dispute mediation for both patients and healthcare providers. “As medical disputes are expected to increase with the government’s healthcare reforms, it is essential to expand the mediation and appraisal staff at the Korea Medical Dispute Mediation and Arbitration Agency,” she stated.
M. H. Lee (mhlee@koreabizwire.com)
