
Legal Q&A
Q
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Hello, medical attorney. I operate a small hospital in a provincial area. Last month, I was notified by the patient's side of the occurrence of a side effect, and since it appears that I was at fault, I intend to proceed with a settlement. However, I intend to proceed with a voluntary settlement through direct negotiation with the patient without the intervention of any particular third party, and I would like to know specifically what a voluntary settlement exactly is and what points I should be cautious about when proceeding.
medical attorney
Answer
Published:
Author : Kuk Il KIM
Hello. This is a medical attorney of Daeryun (Limited) Law Firm.
A voluntary settlement refers to a procedure in which a patient and a medical institution directly negotiate, without the intervention of a third party, to conclude a dispute.
In other words, it is a method in which the hospital and the patient decide the terms of the settlement themselves, without litigation or administrative measures.
It is mainly used in cases where the scale of the harm is not large or the legal liability is not greatly contested.
The hospital proposes a certain monetary compensation through an internal review or the advice of a medical attorney, and if the patient agrees to it, the settlement is established.
The advantages of a voluntary settlement are that the procedure is simple and the time to resolve the dispute is short, and that both the hospital and the patient can reduce unnecessary litigation costs and time.
However, there are a few points to be cautious about.
Because the criteria for calculating the settlement amount are not clear, there is a possibility that the hospital will accept unfavorable terms, and a concluded settlement cannot be easily canceled merely on the ground of a simple mistake or a change of heart.
Therefore, even when proceeding with a voluntary settlement, it is safe to receive a legal review in advance.
Please confirm the details regarding the settlement of a medical incident through a consultation with a medical attorney.

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Kuk Il KIM
T. 070-5117-2950
Experience as Chief Prosecutor at the Seoul High Prosecutors' Office · Attorney Specializing in Criminal Law/Drugs/Intellectual Property

SangWon YEO
T. 070-7510-1046
Experience as Presiding Judge (Criminal Appeals) at the Seoul Central District Court · Criminal/Sexual Offense/Civil Law Attorney
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