Government to Provide Up to 300 Million Won Compensation for "Unavoidable" Severe Neonatal Cerebral Palsy

Compensation for Childbirth Accidents to Be Strengthened from July
Detailed Standards Set, Including Up to 100 Million Won for Maternal Death

The government will provide compensation of up to 300 million won for medical accidents such as neonatal cerebral palsy that occur unavoidably during childbirth, even when medical professionals have fulfilled their duty of care.

The Ministry of Health and Welfare announced on May 16 that it will conduct an administrative notice until June 5 for the newly drafted "Notification on Payment of Compensation for Unavoidable Medical Accidents," which specifies compensation limits and payment methods for each type of childbirth accident.

In March, the government revised the Enforcement Decree of the "Act on Remedy for Medical Accident Victims and Mediation of Medical Disputes" to raise the compensation limit for unavoidable childbirth accidents, a representative essential medical service, from the previous 30 million won to 300 million won. The aim is to strengthen support for victims of medical accidents and to reduce the burden on obstetricians and gynecologists facing litigation risks, thereby addressing the avoidance of essential medical services.

This draft notification, prepared ahead of the revised Enforcement Decree taking effect in July, details the scope and limits of compensation after reviewing similar systems abroad and consulting with experts.

First, it specifies that compensation for neonatal cerebral palsy resulting from childbirth accidents will be provided if the newborn weighs at least 2 kg at birth and has a gestational age of at least 32 weeks. For maternal death during childbirth, compensation applies if the gestational age is at least 20 weeks.

The compensation limits are set at a maximum of 300 million won for severe neonatal cerebral palsy caused by unavoidable accidents, and up to 150 million won for mild cases. For maternal death during childbirth, the limit is 100 million won, while for neonatal and fetal deaths, the limits are 30 million won and 20 million won, respectively. In cases involving multiple births or where both the newborn and the mother die in the same accident, compensation will be calculated separately for each individual. The Medical Accident Compensation Review Committee will determine whether compensation is granted and the amount for each case.

Additionally, for deaths of mothers, newborns, or fetuses, the compensation will be paid as a lump sum, considering its primary role as consolation for the bereaved families. However, for neonatal cerebral palsy, a portion of the compensation will be paid in annual installments until the child reaches the age of 13 to ensure it is appropriately used for treatment and care.

Kim Kukil, Director of Healthcare Policy at the Ministry of Health and Welfare, stated, "We will do our utmost to ensure the expanded compensation for unavoidable accidents is implemented without issue from July, while also working to improve the medical dispute mediation system, such as by establishing a patient representative, so that a safer environment can be created against medical accidents."