How Are Medical Malpractice
Damages Calculated?

1. What each item of damages covers

• Past medical expenses : Treatment costs already paid after the accident. Proven by receipts and itemized medical bills.
• Future medical expenses : Costs of future surgery, treatment, and assistive devices. Based on the results of a physical examination ordered for the case.
• Nursing care costs : Costs determined by how long care is needed and how many caregivers are required. Based on the physical examination and the victim's life expectancy.
• Lost income : Lost earnings during treatment and reduced future income due to disability. Requires income records and the rate of lost working capacity.
• Compensation for non-economic damages : Compensation for the emotional distress suffered by the patient and family. The degree of disability, the degree of negligence, and what happened after the accident are taken into account.
• Funeral expenses : Funeral costs paid in a fatal accident. Receipts are required.

2. How the hospital's liability is limited

Medical treatment inherently carries risk, and its outcome cannot be fully controlled. So even when negligence is found, courts often reduce the hospital's liability to a certain percentage in order to share the loss fairly. The severity of the illness, the difficulty of the procedure, whether it was an emergency, and how cooperative the patient was are the factors that set the percentage. Because the percentage greatly changes the amount awarded, you need to argue it based on the specific circumstances of the case.

3. Pre-existing conditions and constitution

If a pre-existing illness is found to have contributed in part to the current outcome, damages are reduced by that percentage. Conversely, if you show medically that the pre-existing illness had nothing to do with the outcome, you can avoid the reduction.

4. The amount actually received and deductions

• Treatment costs paid by the National Health Insurance Service may be excluded from the patient's claim, because the Service seeks reimbursement from the hospital for that portion.
• Consolation payments already received, or medical fees that were waived, may be deducted depending on the wording of the settlement agreement.

Frequently Asked Questions

Related Guides

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