A medical dispute has arisen. How should I resolve it?

When a medical dispute arises, it is necessary to review various resolution methods step by step, depending on the progress of the dispute and the seriousness of the matter.

A medical dispute refers to a case in which it is claimed that physical harm occurred in the course of a medical practitioner providing medical care to a patient, such as diagnosis, examination, treatment, or prescription, and a dispute arises over liability.

Such disputes can be resolved through settlement, conciliation, arbitration, or litigation.

First, a settlement is a method in which the medical staff and the patient each make certain concessions to conclude the dispute, and it can be concluded relatively quickly. However, because it is difficult to reverse after a settlement, you must carefully review the facts and the scope of liability before making a prudent decision.

Conciliation is a procedure in which medical negligence and causation are reviewed and a proposed settlement is presented through the Korea Medical Dispute Mediation and Arbitration Agency or the Korea Consumer Agency, and it tends to place less burden than litigation.

Arbitration is a method in which a dispute is concluded by the decision of an arbitrator based on the agreement of the parties, and where the matter is not resolved through such procedures, it may lead to litigation, such as a civil claim for damages or a criminal complaint.

The less experience you have with a medical dispute, the more important the initial response is, so it is advisable to organize the relevant materials and set the direction of your response with the assistance of a medical attorney experienced in medical disputes.