The litigation burden for essential medical services should be eased

A plan to expand the state compensation system for medical accidents determined as force majeure, which occur without a doctor's negligence, to include pediatrics and adolescent medicine, is underway. A bill is currently under consideration in the National Assembly to amend the Act On Remedies For Injuries From Medical Malpractice And Mediation Of Medical Disputes, with the aim of adding pediatrics and adolescent medicine to the list of eligible fields under the national compensation system. Currently, this system is only applicable to child delivery accidents. The proposed amendment, which has already received government approval, was introduced by a lawmaker from the Democratic Party of Korea, and there are no objections from the ruling party, making it likely to pass the National Assembly.

One of the reasons doctors are reluctant to choose pediatrics and adolescent medicine is not only the poor prospects due to low fertility but also the high burden of being involved in litigation. Children are small and surgery on them is difficult; poor surgical outcomes often lead to court battles, and compensation based on their life expectancy can reach hundreds of millions of won. The recruitment rates for pediatrics and adolescent medicine have plummeted to 25.5 percent this year, as these rates started declining following the death of newborns due to bacterial infections at Ewha Womans University Mokdong Hospital in 2017. Although the doctors were acquitted, shortages of doctors in pediatrics and adolescent medicine persist, so in 12 years, only 17 pediatric cardiologists will remain. It is necessary to ease the burden on doctors and strengthen the state's responsibility for unavoidable medical accidents related to childbirth and child-rearing.

The fear of medical lawsuits extends beyond OB/GYNs and pediatricians. Surgeons who perform life-saving operations often describe themselves as feeling like they are 'walking on a prison wall.' The fear of criminal prosecution for unfavorable outcomes, even when they are acting in good faith, causes hesitation in taking aggressive actions in critical situations. The Korea Medical Association is advocating for an exemption from criminal penalties for accidents that occur while doctors are doing their best. They point out that, on average, two doctors are prosecuted for deaths resulting from occupational negligence every day in Korea, compared to one a year in the United Kingdom. It is worth considering the introduction of a plan that requires doctors to obtain medical malpractice liability insurance to cover medical accidents, as is done in developed countries.

The government has recently established a council with the participation of the medical community, the legal community, and patient organizations. This comes after a promise to reduce the risk of medical staff facing lawsuits to prevent the collapse of essential medical services. I hope the government creates a reasonable medical dispute resolution system that focuses on preventing the recurrence of accidents and implementing follow-up measures. This can be achieved by preventing medical disputes through effective communication between patients and medical staff, providing quick relief to victims in the event of a medical accident, and easing the burden of litigation for medical staff without negligence.