The ruling Uri Party is discussing enacting something tentatively called the "Bill on Preventing Medical Accidents and Helping Victims." The main gist of it is about requiring the medical staff that to prove is not negligent when there are allegations that it has been. While Uri has yet to decide to pursue the passage of the legislative proposal the party has already completed the process of working-level consultation with the Ministry of Health and Welfare, and it says it has had ample discussion with medical organizations. Consumers of medical services have long wanted to see something like that, so one hopes that this time around their wish comes true.
Under current laws it is very hard for someone to receive compensation when he has suffered the consequences of medical malpractice. The victim has to prove that the doctor does something wrong intentionally or is otherwise at fault, and for members of the general public who lack expert medical knowledge that makes it close to impossible. The community of doctors makes it hard to get help from other doctors, and so in many cases people just give up. It is estimated that there are 15,000 cases of medical malpractice yearly, and it is for those reasons only one tenth of those cases get taken to the Korea Consumer Protection Board or result in lawsuits. If those who provide medical services have to prove they aren't negligent it will also significantly reduce the social cost involved because disputes would be resolved more rapidly through mediation before going to trial. The Supreme Court increasingly tends to issue judgments that leave the burden of proof with medical professionals and it would be best to make that law once and for all.
The proposed legislation is supposed to also contain a special clause that would excuse doctors of criminal prosecution for minor mistakes. That is something that needs to be approached carefully but it is worth considering if it will help prevent doctors from wanting to avoid giving emergency treatment for fear of legal disputes. Since the 14th National Assembly, during the Civilian Government, there have been no fewer than four attempts to enact legislation that would provide for rational and rapid mediation in medical disputes, but each time things fizzled out because the medical community and the related government ministries couldn't narrow their differences. Medical disputes are on the rise so the legislation must be delayed no longer.
The Hankyoreh, 15 September 2005.
[Translations by Seoul Selection (PMS)]
[Editorial] Make It Easier to Resolve Malpractice Cases |
