Medical Malpractice Center · Case Type

If You Lost a Family Member in a Hospital,
Decisions in the First Few Days Shape Everything After

For a bereaved family overwhelmed by funeral arrangements and grief, the window to confirm the cause of death is short. Knowing in what order to use an autopsy, preservation of records, a criminal complaint, and mediation during those few days means fewer regrets later.

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Key Points

  • If the cause of death is unclear, an autopsy is the most reliable evidence, so the decision must be made before the funeral.
  • When a patient dies, the spouse, immediate family, and certain other relatives can obtain copies of the medical records by submitting a certificate of family relationship (Article 21(3)3 of the Medical Service Act).
  • In a death case, medical dispute mediation starts automatically regardless of the hospital's consent (Article 27(9) of the Act on Remedies for Injuries from Medical Accidents and Mediation of Medical Disputes (the “Medical Dispute Mediation Act”, 의료분쟁조정법)).
  • Occupational negligence causing death is punishable by imprisonment without labor for up to five years or a fine of up to KRW 20 million (Article 268 of the Criminal Act). The special rule restricting indictment after successful mediation (Article 51) applies only to injury, not to death.

What the family should do, in order

  1. Right after the deathWrite down immediately what the medical staff told you about what happened, and check the cause of death and the type of death (disease, external cause, or unknown) on the death certificate.
  2. Deciding on an autopsyIf the cause of death is unclear or you suspect negligence, decide before the funeral whether to notify the police or request an autopsy.
  3. Preserving evidenceDemand preservation of the medical records, nursing records, medication history, imaging, and operating room CCTV if it was recorded.
  4. Planning the proceduresDecide in what order to combine a criminal complaint, medical dispute mediation, and a civil lawsuit.

Differences among the three routes

  • Criminal complaint (occupational negligence causing death) : Investigative agencies can request an expert opinion and may confirm negligence. For deaths, there is no special rule restricting indictment after successful mediation.
  • Medical dispute mediation : Death cases start automatically; the expert review is done within 60 days and the mediation decision within 90 days, each extendable once by 30 days.
  • Civil damages claim : The family claims their own compensation for non-economic damages, their inherited shares of the deceased's lost income and compensation for non-economic damages, and funeral expenses.

Items of damages to claim

  • The income the deceased would have earned up to their life expectancy (lost income) and the deceased's compensation for non-economic damages : inherited by the heirs
  • Each family member's own compensation for non-economic damages
  • Treatment costs and funeral expenses
What changes from May 27, 2027 · Once the amended Medical Dispute Mediation Act takes effect, founders of medical institutions must carry liability insurance (amended Article 47). In serious accidents such as a death, the medical institution must explain what happened to the patient's side within seven days of learning of it (amended Article 5-2). The Medical Accident Review Committee will review whether the treatment was high-risk essential medical care and whether there was gross negligence, and if the requirements are met, special rules reducing the sentence and restricting indictment will apply. Read more about the amendments →

Frequently Asked Questions

If we do not have an autopsy, will it hurt us later in a lawsuit?
There is a risk of lacking evidence if the cause of death becomes disputed. That said, an autopsy is not essential in every case; where the cause is clear from the medical records alone, the decision is made according to the circumstances.
Is it right to file a criminal complaint first?
It has the advantage that negligence can be confirmed through an expert opinion obtained by investigative agencies. On the other hand, it takes time, and if the result is "no charge," it may work against you in the civil case as well. Please decide the order by weighing it together with mediation and a civil lawsuit.

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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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