Among the 1004 Cases Processed, 53.4% Exceeded the Statutory Processing Deadline
The more vital the case, the more smoothly medical dispute mediation proceeds, while about half of the cases in plastic surgery and dermatology departments fail to even start the mediation process.
According to data submitted by the Korea Medical Dispute Mediation and Arbitration Agency (KMDA) to Park Hee-seung, a member of the Democratic Party of Korea, as of August this year, the medical dispute mediation and arbitration initiation rate was highest in the Department of Pediatrics and Adolescents (100.0%).
When the KMDA classified the initiation rates by 24 medical specialties, the top five departments with the highest rates were Pediatrics and Pharmacy (100.0%), Thoracic Surgery (82.4%), Obstetrics and Gynecology (76.0%), and Emergency Medicine (74.5%). The initiation rates for Internal Medicine and Surgery, classified as essential specialties, were 73.3% and 71.8%, respectively.
On the other hand, among all 24 specialties, the department with the lowest initiation rate was Plastic Surgery (46.0%), followed by Dermatology (51.5%).
Medical dispute mediation is a system where the independent Korea Medical Dispute Mediation and Arbitration Agency promptly and fairly investigates medical accidents and mediates conflicts to ensure appropriate compensation based on the results. The initiation rate refers to the proportion of medical dispute mediation and arbitration cases filed that are neither withdrawn nor dismissed.
Under current law, when a patient affected by a medical accident applies for mediation, the respondent (mainly the medical institution) must notify their intention to participate within 14 days from the date of receipt of the mediation application. If they do not express consent, the case is dismissed.
Since the so-called 'Shin Hae-chul Act' came into effect in November 2016, mediation procedures automatically commence if a patient dies, remains unconscious for more than one month, or becomes severely disabled due to medical treatment. However, in other cases, the mediation process only begins if the respondent consents.
Initiation rates also varied by type of medical institution. For tertiary general hospitals, the initiation rate reached 80.7%, while general hospitals had 68.0%, hospitals 67.2%, and clinics only 57.1%.
Meanwhile, as of August, the average processing period for mediation and arbitration cases this year was 82.9 days. Among the 1,004 cases processed, 536 cases (53.4%) exceeded the statutory processing period of 90 days.
Assemblyman Park Hee-seung stated, "To ensure that victims can receive early and prompt relief without going to litigation, the effectiveness of the mediation system must be enhanced. Incentives should be given to medical institutions with high mediation participation, and institutions with consistently low participation rates should be intensively managed."
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