Key Points
- In birth injury cases, negligence is judged mainly on fetal heart rate monitoring, the response to abnormal findings, the timing of the cesarean decision, and newborn resuscitation.
- For childbirth medical accidents that were unavoidable even though due care was taken, the Korea Medical Dispute Mediation and Arbitration Agency pays compensation (Article 46 of the Act on Remedies for Injuries from Medical Accidents and Mediation of Medical Disputes (the “Medical Dispute Mediation Act”, 의료분쟁조정법)).
- If the child is left with a disability, lifetime lost income and care costs become issues, and the amount claimed rises sharply.
- In cases of death, unconsciousness for one month or more, or certain severe disabilities, mediation starts automatically even without the hospital's consent (Article 27(9)).
Negligence checklist
- Fetal monitoring : How often heart rate monitoring was done, and whether abnormal tracings were noticed and recorded
- Choice of delivery method : The interval between the decision for a cesarean section and the start of surgery in the operating room
- Care of the mother : Whether blood loss was measured, whether a transfusion was prepared, whether treatment such as uterotonic drugs was given, and when the decision to transfer was made
- Care of the newborn : How the baby's condition was assessed right after birth, and how resuscitation and transfer to a higher-level hospital were handled
Compensation available even without fault
If the Medical Accident Compensation Review Committee finds that an accident during childbirth was unavoidable even though the medical professionals exercised all necessary care, the Agency compensates the harm (Article 46(1) of the Medical Dispute Mediation Act). The funds are borne by the state (Article 46(2)). This is a system worth looking at first in cases where it is hard to prove the hospital's negligence.
What matters in disputes over the amount of damages
- The degree of the child's disability and life expectancy
- The number of caregivers and the cost of care needed over a lifetime
- The income the child would have earned as an adult
- The effect on the outcome of the mother's existing illness or any abnormality the fetus already had
Frequently Asked Questions
My child was diagnosed with cerebral palsy, but I am not sure it was caused by the delivery.
If it is found that the hospital was not negligent, can we receive nothing at all?
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Read more →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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