At Public Hearing on Medical Dispute Reform, Professor Seo Jonghee Highlights Key Issues
New Zealand Compensates Patient Harm Through "Accident Compensation Corporation" System
Japan's Medical Lawsuits Drop by Nearly Half, from 1,100 Cases in 2004
As excessive civil and criminal liability for medical accidents continues to be cited as one of the main reasons why doctors avoid essential medical fields, there are growing calls to reference overseas systems such as those in Japan and New Zealand to reduce the high judicial risk faced by medical professionals in Korea. There is a need to alleviate the legal burden on medical staff arising from medical practice and to establish ways to provide swift relief for patient harm.
Seojonghee (center), professor at Yonsei University Law School, is giving a keynote presentation at the public hearing jointly hosted by Jinsoo Jeon, member of the Democratic Party, Myeongok Seo, member of the People Power Party, Jooyoung Lee, member of the Reform New Party, and the Korean Medical Association on the afternoon of the 8th at the National Assembly Members' Office Building, seeking ways to improve laws and systems related to medical disputes. Photo by Taewon Choi
At a public hearing on "Seeking Ways to Improve Laws and Systems Related to Medical Disputes" hosted by Assemblywoman Jinsoo Jeon of the Democratic Party at the National Assembly Members' Office Building on September 8, Seojonghee, professor at Yonsei University Law School, stated, "Medical professionals in Korea are exposed to a much higher level of judicial risk compared to those overseas," and asserted, "We need to shift from a system focused on criminal liability to one that prioritizes relief for patient harm and prevention of recurrence."
According to the "Research for Investigation and Analysis of Civil and Criminal Lawsuits Related to Medical Accidents," led by Professor Seo, Korean courts have often delivered rulings favorable to patients by easing the burden of proof for causality in civil lawsuits arising from medical accidents. Since 2020, there have been 700 to 900 first-instance civil rulings on medical malpractice each year, and about 50% of these have been decided in favor of the patient.
Professor Seo pointed out, "From a law and economics perspective, the current operation of the system leads to increased social costs," adding, "Hundreds of civil lawsuits are filed against medical professionals each year, and the patient win rate exceeds 50%. This ultimately results in avoidance of essential medical fields, as well as overtreatment and defensive medicine, which negatively impacts the quality of national healthcare services."
Professor Seo also emphasized that legal liability for medical professionals is relatively lower in advanced countries. For example, in Japan, calls for stricter legal responsibility for doctors arose in the late 1990s after a series of patient deaths led to increased police and prosecutorial involvement in criminal cases. However, after the arrest of a doctor one year after a maternal death at Ono Hospital in Fukushima Prefecture in 2004, public opinion shifted, with growing criticism of indiscriminate criminal intervention. As a result, the Obstetric Compensation System was introduced in 2009, and the Medical Accident Investigation System was established in 2015.
The number of medical accident lawsuits in Japan decreased from 1,100 cases in 2004, the year of the Ono Hospital incident, to 610 cases in 2023. The win rate for patients also fell to around 20%.
The New Zealand system, which operates the world's only no-fault compensation system, the Accident Compensation Corporation (ACC), was also introduced. In New Zealand, the ACC compensates patients for harm regardless of whether the doctor was at fault, using a government-managed public fund. Medical professionals are not subjected to lawsuits, and patients can receive prompt relief without legal procedures.
Based on these overseas examples, Professor Seo proposed alternatives such as establishing a no-fault compensation system and exempting criminal liability for minor negligence. She explained, "A no-fault compensation system similar to the ACC should first be introduced in essential medical fields such as obstetrics and emergency medicine, with financial resources provided through the creation of a fund or partial subsidies." She added, "Case law should not move away from the framework of fault-based liability to further strengthen civil liability for doctors. Criminal liability should be exempted for minor negligence, and patient relief should be provided swiftly and concretely."
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