New Medical Dispute Mediation Act to Protect Essential Healthcare Providers
Rep. Kim Yun of the Democratic Party stated on the 15th that the revised Medical Dispute Adjustment Act is designed to prevent court rulings like the recent 325 million won payout for a premature baby’s brain palsy. According to Kim, the law shifts the authority for determining medical accidents from legal bodies to medical experts.
Why did the court order a 325 million won payout?
A court recently ruled that a hospital must pay 325 million won in damages for a premature baby born at 26 weeks weighing 900g. The court found that the infant’s brain palsy resulted from a delay in patent ductus arteriosus (PDA) surgery performed by medical staff.
Speaking at a National Assembly forum titled “Medical Dispute Adjustment Act, Completed by Enforcement Decree” on the 15th, Rep. Kim Yun said neonatal medical staff likely felt “despair” following the ruling. Kim attributed the decision to the court’s failure to listen to sub-specialists who treat neonatal intensive care patients.
How will the Medical Dispute Adjustment Act change medical rulings?
The new legislation mandates that cases involving high-risk essential medical acts trigger an automatic adjustment process, according to Rep. Kim. This includes fields such as pediatrics, emergency care, severe illness, and delivery.
Under the new framework, experts in the relevant field must serve as chairpersons. If no standing member is an expert, a non-standing member may act as chairperson. The law also allows for the addition of one member and two advisory members from the specific field to ensure objective, evidence-based judgments.
Rep. Kim noted that while the previous system allowed police, prosecutors, and courts to lead the determination of medical accidents, this law transfers most of that authority to medical professionals. Regarding concerns that the “12 major negligences” could be interpreted too broadly, Kim stated that implementation will rely on guidelines developed by experts in those fields.
What are the implications for essential medical care?
Rep. Park Hee-seung, a former judge and member of the Democratic Party, described the law as a “great benefit” to medical professionals. Park stated that while protecting a specific profession may seem unbalanced from a public perspective, the benefit is necessary because the current environment prevents doctors from practicing with conviction and essential medical personnel are lacking.
Park urged medical professionals to participate actively in the dispute adjustment process, noting that courts sometimes appoint doctors who are not true experts because qualified appraisers are hard to find. He added that this benefit comes with a heavier burden of responsibility for medical providers.
Rep. Han Ji-ah, a physician and member of the People Power Party, said it is important to protect patient health rights while creating an environment where those dedicated to essential care can treat patients freely. Han cautioned that the law is only a beginning and will require further steps to fully realize its intentions.
Frequently Asked Questions
What triggered the automatic adjustment process in the new law?
According to Rep. Kim Yun, high-risk essential medical acts—including delivery, emergency, severe, and pediatric care—will now trigger automatic adjustment.
Who will lead the dispute adjustment committees?
The law requires that experts in the specific case’s field serve as the chairperson, or that a non-standing expert act as chairperson if no standing expert is available.
How will the “12 major negligences” be handled?
Rep. Kim Yun stated that the application of these negligences to individual cases will be based on guidelines established by experts in the relevant medical fields.
Do you believe shifting the power of medical accident determination from courts to medical experts will improve the quality of essential healthcare?