
Legal Q&A
Q
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A dispute has arisen with the hospital over a medical accident. My father passed away because the hospital did not respond properly. I believe it was a medical accident, but the hospital claims it was not their fault. The hospital says we should settle it according to the law... but I do not know much about law, so I am worried. To pursue a medical accident dispute with the hospital, I suppose I need to retain an attorney as well?
Medical accident
Medical dispute
Medical litigation
Answer
Published:
Author : Kuk Il KIM
Yes. When a dispute with a hospital arises from a medical accident, it is very important for the patient to also receive assistance from an attorney experienced in this area.
A medical accident is a field in which medical expertise and legal judgment operate together, and it is necessary to prove legally whether the hospital was negligent, whether there is a causal relationship, and whether damage occurred.
Once the hospital has said it wants to proceed according to the law, the dispute may proceed as civil litigation (a claim for damages) or criminal litigation (such as occupational negligence causing death), and in this process various statutes, including the Medical Service Act, the Civil Act, and the Criminal Act, apply.
In the case of a death in particular, complex procedures are required, such as gathering the materials needed to calculate the amount of damages, applying for expert appraisal, and analyzing relevant precedents, so it is advisable to obtain help from an attorney experienced in medical accident litigation.
An attorney experienced in medical matters analyzes the key issues of the case and helps you respond strategically to the hospital's position. If you seek fair compensation under the law, you may wish to retain an attorney promptly and begin by preparing evidence-preservation procedures.

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Kuk Il KIM
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Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

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