[2020 National Audit] Half of Medical Disputes Dismissed Due to Medical Institutions' Non-Attendance...No Sanction Measures Available

Democratic Party Lawmaker Kim Won-i: "Measures Needed for Medical Institution Dispute Mediation Participation"

[Asia Economy Reporter Wondara] It has been revealed that most medical disputes are dismissed due to the non-participation of medical institutions.

According to the 'Medical Dispute Handling Status for the Last 3 Years' submitted by the Korea Medical Dispute Mediation and Arbitration Agency to Kim Won-i, a member of the National Assembly Health and Welfare Committee from the Democratic Party of Korea, out of 9,699 medical dispute cases received, 38.7% (3,756 cases) were dismissed without entering mediation or dispute resolution. Among the types of medical disputes, symptom aggravation accounted for 5,120 cases, or 52.8%, followed by misdiagnosis with 851 cases (8.8%), infection with 618 cases (6.4%), and nerve damage with 438 cases (4.5%).

Of the 3,756 dismissed cases, 99% (3,731 cases) were analyzed to be due to medical institutions not expressing their intention to participate. The reason for not expressing participation was mostly simple refusal, accounting for 75.9% (2,831 cases). In 2017, 72 medical institutions, in 2018, 77, in 2019, 59, and as of August this year, 28 medical institutions expressed non-participation three or more times.

Article 72, Paragraph 8 of the Medical Dispute Mediation Act stipulates that if a medical institution does not notify its intention to participate in the mediation process within 14 days from the date of receipt of the mediation application, the Medical Dispute Mediation Agency shall dismiss the mediation application. This means that even if medical damage occurs, if the medical institution does not participate in the mediation or dispute process, the case is automatically dismissed.

Assemblyman Kim said, "The non-participation of medical institutions in disputes is because there are no separate sanctions," and added, "Measures should be prepared to encourage medical institutions to actively participate in the medical dispute mediation and arbitration process."

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