South Korea discusses revised Medical Dispute Mediation Act

Experts from the medical, legal, and government sectors are convening to discuss the upcoming implementation of the revised Medical Dispute Mediation Act, scheduled for May 2027. The discussions aim to address the gap between legal provisions and the realities of clinical practice, particularly in essential and high-risk medical fields.

The revised law focuses on moving away from a system reliant solely on civil and criminal litigation toward a framework utilizing professional medical appraisal and mediation. Key features include mandatory liability insurance for medical institutions, an enhanced explanation system for medical accidents, and expanded compensation for unavoidable accidents. To protect healthcare providers, the law includes mechanisms to mitigate criminal liability for high-risk essential medical procedures that meet specific requirements.

A significant provision prevents expressions of sympathy or regret from being used as evidence of legal liability, aiming to encourage communication between doctors and patients. Stakeholders emphasize that the goal is to provide rapid relief for patients while ensuring medical professionals can practice without the constant fear of excessive criminal prosecution due to the inherent uncertainties of medical procedures.