If You Suspect a Medical Accident,
Secure the Records and Footage First

1. Records to secure

• Medical charts and progress notes : The doctor's assessments, prescriptions, and the times orders were given
• Nursing records and vital sign records : When the patient's condition changed, and when the doctor was notified and responded
• Medication and anesthesia records : Type of drug, dose, time of administration, and monitoring during anesthesia
• Surgical records and surgical consent forms : Course of the surgery, the medical staff involved, and what was explained
• Test results, imaging CDs, and radiology reports : Abnormal findings and the response to them
• Transfer and emergency records : When the decision to transfer was made and how the transfer proceeded

2. Who can make the request

• The patient · The hospital may not refuse without justifiable reason (Article 21(1) of the Medical Service Act).
• Family members or representatives · They can obtain the records with the patient's written consent and documents showing the family relationship or authority to act (Article 21(3)1 and 2).
• If the patient has died or is unconscious · The spouse, lineal ascendants or descendants, or the spouse's lineal ascendants may request the records, attaching a certificate of family relationship or similar document. If none of them exists, a sibling may do so (Article 21(3)3).

3. If the records were altered

When medical professionals add to or change a medical record, they must also keep the original before the change (Article 22(2) of the Medical Service Act), and writing false entries or intentionally altering records contrary to the facts is prohibited (Article 22(3)). The original before the change is also within the scope of what you may view. Signs that records were changed after the accident become important evidence.

4. Operating room CCTV rules at a glance

• Who must install it : Medical institutions that perform surgery on patients who are unconscious, such as under general anesthesia
• Recording : Recorded at the request of the patient or guardian. The hospital may refuse for justifiable reasons such as emergency surgery.
• Audio : Not recorded as a rule; possible if everyone filmed consents.
• Retention : At least 30 days
• Viewing and provision : At the request of an investigative agency or court, at the request of the Korea Medical Dispute Mediation and Arbitration Agency after mediation starts, or with the consent of all data subjects

5. If the hospital refuses or you fear the evidence will be damaged

Even before filing a lawsuit, you can secure medical records and footage in advance by applying to the court for preservation of evidence. In cases where there is a strong risk that records will be changed, it is best to move quickly.

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