Force Majeure Medical Accidents 100% Compensated by Government
'Medical Dispute Mediation Act' Also Passed in So-called Session
Exterior view of the new building of the Korean Medical Association in Ichon-dong. [Photo by the Korean Medical Association]
[Asia Economy Reporter Lee Gwan-ju] The medical community has welcomed the passage of the so-called 'Good Samaritan Law,' which exempts medical personnel from liability even if a patient dies during emergency medical treatment, and the 'Medical Dispute Mediation Act,' which requires the government to provide 100% compensation for unavoidable medical accidents, through the subcommittee of the National Assembly's Health and Welfare Committee.
The Korean Medical Association (KMA) released a statement on the 8th, saying, "This is a necessary bill to create a stable medical environment to protect public health and life, and it serves as a foundation to save essential medical care."
The 'Partial Amendment to the Emergency Medical Service Act,' known as the Good Samaritan Law, aims to expand the scope of criminal liability exemption to include 'death' for emergency medical care or first aid performed by emergency medical personnel when not on duty. It also includes provisions to reduce charges of professional negligence resulting in death or injury if there is no gross negligence in the emergency medical treatment performed by emergency medical personnel.
The KMA commented, "This bill is intended to enable more proactive emergency medical care for patients in critical situations," and added, "It is expected to serve as a mechanism to protect medical professionals who strive to save precious lives of the public." They also anticipated that "a voluntary culture of good deeds could be fostered throughout society."
Furthermore, regarding the bill that requires the government to provide 100% compensation to victims of unavoidable medical accidents, the KMA stated, "This is an important bill that will serve as an opportunity to remedy public harm and establish a safe medical environment where medical professionals can provide the best care, and it is encouraging that the legislative green light has been turned on."
The amendment to the Medical Dispute Mediation Act primarily aims to reduce the burden on maternity medical institutions by having the government bear 100% of the compensation funds for victims of unavoidable medical accidents. It is expected to protect mothers and newborns and contribute to building a safety net for obstetric medical practices.
The KMA said, "We request the National Assembly to make every effort until the final plenary session approval is achieved promptly," and added, "The KMA will also actively engage in dialogue and communication to support reasonable legislation and do its best as an expert organization."
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