Medical Malpractice Center · Procedure Guide

How Long Do You Have
to Claim for a Medical Accident?

In medical accidents, the harm often appears only much later, or the cause is discovered late. But once the deadline passes, the claim is barred even if the negligence is clear, so you need to know exactly when the limitation period starts to run.

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Key Points

  • A damages claim based on a tort must meet both deadlines: three years from when you learned of the harm and the wrongdoer, and ten years from when the act occurred (Article 766 of the Civil Act).
  • If the claim is framed as a breach of the treatment contract (nonperformance of an obligation), the general ten-year limitation period for ordinary claims (Article 162 of the Civil Act) may apply.
  • The same time limits apply to an application for mediation: it must be filed within ten years from the end of the act that caused the harm and within three years from when you learned of it (Article 27(13) of the Act on Remedies for Injuries from Medical Accidents and Mediation of Medical Disputes (the “Medical Dispute Mediation Act”, 의료분쟁조정법)).
  • Disputes arise because "when you learned" is measured not by the day the outcome appeared but by the day you actually realized the harm was caused by medical negligence.

1. Deadlines by type of claim

  • Damages based on a tort : Three years from learning of the harm and the wrongdoer, or ten years from the act (Article 766 of the Civil Act)
  • Damages for breach of contract : Ten years (Article 162(1) of the Civil Act)
  • Application for medical dispute mediation : Ten years from the end of the act causing the harm, three years from learning of the harm and the wrongdoer (Article 27(13) of the Medical Dispute Mediation Act)
  • Statute of limitations for occupational negligence causing death or injury : Seven years, as an offense punishable by imprisonment without labor for up to five years (Article 249 of the Criminal Procedure Act)

2. How is "when you learned" determined?

Case law treats the "time of learning" that starts the limitation period as the time when the victim actually and specifically recognized that harm occurred, that there was an unlawful act, and that the act and the harm are causally linked. In medical accidents, people often learn only later that the outcome was due to medical negligence, so the time of recognition is frequently disputed. Still, to reduce the risk of a dispute, it is safer to calculate the deadline in advance from the time the outcome first appeared.

3. Tips for managing the limitation period

  • Filing a lawsuit interrupts the limitation period.
  • If you demand performance from the hospital by certified letter (a formal demand), you must follow up with a lawsuit or similar step within six months to keep the interruption in effect.
  • Mediation and a lawsuit cannot proceed at the same time (filing a lawsuit leads to dismissal of the mediation), and if mediation drags on, you must keep checking how much time remains.

Frequently Asked Questions

I had surgery five years ago but only recently learned the cause of the complications.
If ten years have not passed since the act, you still have options. You must file within three years from the day you learned that the complications were due to medical negligence, and you should document when that recognition occurred.
Does the limitation period keep running while a mediation application is pending?
A mediation application also has effects on the limitation period. But you must keep track of the schedule so that you do not miss the remaining time after the procedure ends, and it is safest to check this case by case.

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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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