Medical Malpractice Center · Procedure Guide

If an Accident Happens at Your Hospital,
Do This First

How you act right after an accident sets the direction of any later lawsuit or investigation. You must avoid situations where a record supplemented in good faith is suspected of being falsified, or where a hasty promise is read as an admission of liability.

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Key Points

  • Falsely writing or intentionally altering medical records after an accident is punishable by up to three years in prison or a fine of up to KRW 30 million, plus suspension of the medical license (Articles 22(3), 88 and 66 of the Medical Service Act).
  • If you need to supplement a record, keep the original as it was before the change and record the date, time, and reason for the addition (Article 22(2)).
  • You must not refuse without justifiable reason a request from the patient's side for copies of medical records (Article 21).
  • When an application for mediation arrives, you must decide within 14 days whether to participate (Article 27(8) of the Act on Remedies for Injuries from Medical Accidents and Mediation of Medical Disputes (the “Medical Dispute Mediation Act”, 의료분쟁조정법)).

1. What to do and what not to do

  • What to do : Stabilize the patient and transfer if needed / Preserve records, equipment logs, and CCTV footage / Explain confirmed facts to the patient's side / Notify your liability insurer / Get legal advice
  • What not to do : Alter or delete medical records after the accident / Coordinate statements among the medical staff / Admit liability or promise money without basis / Block the patient's side from viewing records / Get into emotional confrontations with the family

2. The risks of altering records

The Medical Service Act requires that, when medical records are added to or corrected, the original be preserved as well, and it prohibits false entries and intentional alteration. Electronic medical records keep a log of access and changes, so after-the-fact alterations are easily discovered. Even in a case with no negligence to begin with, the single fact that the records were tampered with can lead to criminal charges and license suspension.

3. When the patient's side raises a dispute

  • Request to view records · If the request meets the requirements, provide the copies.
  • Application for mediation · You must answer whether you will participate within 14 days of receiving the application. If the case is one where mediation starts automatically, first review whether there are grounds to file an objection.
  • Criminal complaint · Before responding to questioning, organize the course of treatment and the medical basis for your decisions.
  • Obstruction of treatment or occupation of the premises · The Medical Service Act prohibits occupying a medical institution and obstructing treatment (Article 12), and if the patient's side does so after applying for mediation, the mediation application may be dismissed (Article 27(7) of the Medical Dispute Mediation Act).

4. Preparing for the 2027 amendments

When the amended law takes effect on May 27, 2027, liability insurance will become a legal obligation, and after a serious accident an explanation must be given within seven days. Violating either one means losing the benefit of the special criminal provisions. Check your insurance coverage now and set up an explanation procedure. See the amendments →

Frequently Asked Questions

Can we add something we left out of the records after the accident?
Supplementing facts that actually occurred is not prohibited in itself. However, you must leave the original untouched and note the date, time, and reason for the addition. Anything written after an accident easily attracts suspicion, so get legal advice first.
If we apologize to the family, does that count as admitting negligence?
Current law has no provision excluding expressions of regret from evidence, so you need to be careful with your words. The amended law taking effect on May 27, 2027 provides that expressions of comfort, sympathy, or regret made while explaining an accident cannot be used as evidence of liability in civil or criminal trials.

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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

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