Are you afraid of getting a bad medical treatment or having a dispute during a medical procedure?
The medical field itself is a field where patients can only rely on the opinions of medical staff to determine whether the procedure went well or not. If something goes wrong during a medical procedure in a foreign country where you don't understand the language, you may be worried about how difficult it will be and whether you can respond properly.
When a medical accident occurs, medical dispute procedures such as settlement, mediation, arbitration, and medical litigation are initiated by the injured party. Currently, people who use domestic medical institutions are subject to the Korean Medical Act, and foreign patients are subject to the same laws as Koreans.
Who should foreign patients go to in Korea if they experience a medical accident or unjustified medical procedure?
Currently, foreign patients can file medical complaints in Korea through the Medical Korea Support Center, which is operated by the Korea Health Industry Promotion Agency (Bosanjin), as well as local governments, Korea Consumer Affairs, and the Ministry of Justice. In particular, the Medical Korea Support Center, which is under the Ministry of Health and Welfare, was established to serve as the first point of contact in the event of a medical accident. The center is located at Incheon International Airport and on the first floor of Seoul Tourist Plaza (Samil Building, 85 Cheonggyecheon-ro), which are conveniently located for foreign patients.
Foreigners can visit the Medical Korea Support Center in person or call the multilingual counselors (English, Russian, Chinese, Japanese, etc.) over the phone (Medical Call, 1577-7129) for consultation on medical services in Korea. Medical complaints received by the support center are forwarded to a specialized organization that handles medical disputes.
In the last five years, the number of foreign patients who received medical dispute-related consultations from the Korea Medical Dispute Mediation and Arbitration Center was 138 in 2018, 146 in 2019, 113 in 2020, 127 in 2021, and 113 in 2022. (Please note that this number only includes consultations with the Medical Mediation and Arbitration Center and does not include medical disputes resolved through litigation or settlement between medical institutions and patients).
Let's take a look at how medical dispute resolution works.
'Mediation' requested by the patient unilaterally
If either the patient or the medical institution applies for mediation, the mediator will comprehensively judge the parties' claims, verify the facts, and determine whether there is medical negligence and causation, and recommend an appropriate settlement plan to both parties to help them agree and resolve the dispute amicably.
'Mediation' to be applied after written agreement between patient and medical institution
This is a dispute resolution procedure in which the patient and the medical institution agree in writing to abide by the decision of the Korean Medical Dispute Mediation Arbitration Center and then apply for arbitration and follow the arbitration center's decision. Arbitration can be filed even during the mediation process if both parties agree.
Why do medical accidents/disputes occur?
Recently, as the number of foreign patients visiting Korea has increased, the number of medical disputes has also increased. According to the Arbitration Center, the reasons for the increase in medical dispute mediation for foreign patients include ▲ language barrier ▲ lack of communication ▲ computerized treatment ▲ insufficient treatment time ▲ lack of explanation of test results, treatment plans, and side effects ▲ inadequate medical records ▲ unkindness ▲ and inadequate infection control.
Poor communication between doctors and patients, as evidenced by language barriers, lack of conversation and explanation, is the most common cause. On the flip side, many medical disputes can be prevented with proper communication.
What are Korean hospitals doing to ensure safety?
Korean hospitals require foreign patients to sign a "medical treatment contract" when they receive medical treatment, which specifies the method of dispute resolution and stipulates that they can receive medical treatment if they agree to it.
Since it is not easy to agree on the resolution procedure after a dispute occurs, it is better to sign a medical treatment contract after specifying the dispute resolution method in advance and agreeing to follow it, so that the dispute can be resolved amicably.
Medical errors may or may not happen. But since it's your body and your health, you need to be prepared for the worst, and I think the best way to do that is to make sure you're choosing a country and a medical center that have safeguards in place for medical accidents and disputes.
