To recover damages, you must prove both liability and the amount of loss

Damages & Medical Malpractice Matters We Handle

1. Tort Damages — Assault, fraud, defamation, safety accidents, and moreIf the wrongdoer's intent or negligence, unlawfulness, loss, and causation are all present, you can claim both financial loss and compensation for emotional distress (compensation for non-economic damages) (Articles 750 and 751 of the Civil Act). The outcome of criminal proceedings is often strong evidence in the civil case.Review of liability requirements and securing evidence · Calculating medical costs, lost income, and compensation for non-economic damages · Using criminal judgments and investigation records · Reviewing employer liability and joint tort liability
2. Medical Malpractice Damages — Negligent treatment · breach of the duty to explainWe litigate breaches of the duty of care by medical staff and the resulting loss in cases such as surgical or procedural accidents, misdiagnosis or delayed diagnosis, and childbirth accidents. Under case law, if the patient proves negligence and the probability that it caused the loss, causation is presumed, which eases the patient's burden of proof.Securing medical records, imaging, and operating-room CCTV footage · Requesting medical-record appraisal and physical examination by court-appointed experts · Claiming compensation for non-economic damages for breach of the duty to explain · Deciding whether to apply for medical dispute mediation
3. Permanent Disability · Physical Appraisal — Future loss is calculated using the rate of lost working capacityIf a permanent disability remains after treatment ends, a court-ordered physical appraisal sets the rate of lost working capacity, and lost income up to the end of the working-age period and future medical costs are then calculated.Choosing the appraisal hospital and medical specialty · Disputing the rate of lost working capacity · Calculating future medical and nursing-care costs · Responding to arguments about pre-existing conditions
4. If You Are Sued for Damages — We contest the scope of liability and seek to reduce the amountIf the victim was also at fault, the court takes this into account when setting the amount of compensation (comparative fault, Articles 763 and 396 of the Civil Act). Expiry of the limitation period, offsetting of benefits, and errors in calculating the loss are also key defenses.Arguing comparative fault and limitation of liability · Raising the limitation-period defense · Rebutting appraisal results · Negotiating mediation and settlement

1. Requirements and Who Is Liable

Tort liability can extend to persons other than the wrongdoer. An employee's acts in the course of work can give rise to employer liability, and if several people caused the loss together, joint and several liability as joint tortfeasors becomes an issue. If there is a contractual relationship (a treatment contract, a transport contract, etc.), liability for breach of contract can be claimed at the same time. Because the limitation period and method of proof may differ in that case, we plead the causes of action in the alternative or as primary and secondary claims.

• Intent or negligence: Judged by whether the person exercised the care expected of an ordinary person. In medical accidents, the standard is the care expected of an ordinary medical professional at the level of clinical medicine at the time.
• Causation: There must be adequate causation between the act and the loss.
• Loss: The loss must have actually occurred or be certain to occur in the future, and its amount must be calculable.

2. Types of Loss and How They Are Calculated

The calculated loss is reduced by the victim's percentage of fault (comparative fault), and any benefits received from the same cause, such as insurance payments, are deducted (offsetting of benefits). Future losses are calculated at present value after deducting interim interest. The court may also order compensation for non-economic damages and other amounts to be paid in periodic installments (Article 751(2)).

3. What Makes Medical Malpractice Claims Different

• Eased burden of proof: The patient only needs to prove an act that is assessed as negligent treatment and the probability that the negligence caused the loss. However, the probability must be consistent with medical principles, and a vague possibility is not enough.
• Duty to explain: If the risks and alternatives were not sufficiently explained before an invasive procedure such as surgery, liability for compensation for non-economic damages may arise for infringing the patient's right to self-determination.
• Securing evidence: Copies of medical records, imaging, nursing records, and operating-room CCTV footage should be obtained right after the accident. In court, medical-record appraisal and physical appraisal are central.
• Mediation: You can apply for mediation to the Korea Medical Dispute Mediation and Arbitration Agency. An application is dismissed if a lawsuit has already been filed, and it is also dismissed if the other party does not respond within 14 days. However, for death, unconsciousness lasting one month or more, serious disability, and similar cases, the procedure starts automatically (Article 27).

4. Limitation Periods and Choosing a Procedure

The process runs in this order: (1) securing evidence and organizing the loss → (2) attempting settlement or mediation → (3) filing suit (with a provisional attachment if needed) → (4) expert appraisal → (5) judgment or settlement. Where the other party is criminally punished, the criminal judgment and investigation records are often used as evidence in the civil case. The civil limitation period keeps running while you wait for investigative agencies to decide, so the deadline must be managed separately.

Key Court Decisions

Supreme Court Decision 2022Da219427, decided August 31, 2023

If the patient proves an act assessed as negligent treatment and the probability that the negligence caused the loss, causation between the negligence and the loss is presumed, and the medical institution may overturn the presumption by proving that the loss did not result from the negligence.

Frequently Asked Questions

Related Legal Guides

Civil Litigation Case Results

Written on the basis of Korean statutes in force (National Law Information Center, Ministry of Government Legislation) and court precedents as of October 20, 2026. Results may differ with amendments to the law or the facts of each case. This page is general information, not legal advice.

Written and reviewed by Attorney Dongwoo Shin — Ph.D. in Law; certified criminal law specialist and certified divorce law specialist registered with the Korean Bar Association. He handles each case personally from consultation to judgment. About the attorney →
Last updated October 20, 2026