How to File a Medical Malpractice Claim Against a Korean Hospital

A step-by-step guide to filing a medical malpractice claim against a Korean hospital as a foreign patient.

Quick Answer

Filing a claim against a Korean hospital generally follows four steps: obtain your complete medical records, have them reviewed by independent medical experts, file with the Korea Medical Dispute Mediation and Arbitration Agency (K-MEDI), and, if mediation does not produce a fair result, file a civil lawsuit. Foreign patients can pursue every step through a Korean attorney without remaining in Korea.

Key Risks & Immediate Steps

Do not accept a settlement before independent expert review — an early offer may understate the injury.
Claims are generally subject to a 3-year limitation from when you knew of the injury and the responsible party.
You must prove both that the standard of care was breached and that the breach caused harm.

Step 1 — Medical Records

Your records are the foundation of the claim. Request the complete set early and preserve every version. Records include imaging reports and images, laboratory results, operative reports, nursing and medication records, and consent forms.

Step 2 — Expert Review

Before filing, independent medical experts assess whether the standard of care was breached and whether the breach caused harm. A positive expert opinion is essential before proceeding to mediation or litigation.

Step 3 — Mediation, then Litigation

Most claims proceed to K-MEDI for expert review and structured mediation. If a fair resolution is not reached, the case proceeds to civil litigation, where the court decides liability and compensation. Korean courts have become increasingly attentive to patient claims in recent years, though medical cases remain demanding.

Frequently Asked Questions

Do I have to go to court?

Not necessarily. Many claims resolve through mediation at K-MEDI, which is faster and less costly than litigation. If mediation fails, the case proceeds to court.

What does it cost to file a claim?

Many Korean medical malpractice attorneys work on a contingency basis. Court filing fees are based on the claim amount, and expert fees are additional. Your attorney will explain costs during the initial consultation.

Can I sue if I already accepted partial compensation?

It depends on what you agreed to. A settlement may limit further claims, which is why it is important to seek legal advice before accepting any payment.