When Surgery or a Procedure Goes Wrong,
Every Record Before and After It Is Evidence

Clues to negligence by stage

• Before surgery · Whether surgery was truly necessary, whether pre-operative tests and an assessment of underlying conditions were done, and whether an explanation was given and written consent obtained
• During surgery · Whether nerves, blood vessels, or organs were damaged, how bleeding was handled, whether gauze or other foreign objects were left behind, and how long the surgery ran
• Anesthesia · Pre-anesthesia assessment of the patient, drug doses, monitoring of vital signs, and whether the person in charge of anesthesia left during the procedure
• After surgery · Whether signs of complications were missed, whether further tests or transfer were delayed, and whether the response during nighttime hours was appropriate

How to secure operating room CCTV

Hospitals that perform surgery on unconscious patients (such as under general anesthesia) must install CCTV in the operating room. If the patient or guardian wants the surgery recorded, the hospital cannot refuse unless there is a justifiable reason such as emergency surgery (Article 38-2(1) and (2) of the Medical Service Act). The footage is kept for at least 30 days. The cases in which footage can be viewed are limited: a request by the relevant authorities for investigation or trial purposes, a request by the Korea Medical Dispute Mediation and Arbitration Agency after medical dispute mediation starts, or the consent of everyone in the footage (Article 38-2(5) and (9)). If you have doubts, you should first start the procedure to preserve the footage before 30 days pass.

Cosmetic and aesthetic procedures carry a higher standard of explanation

The more a procedure is elective rather than life-saving, the more thorough an explanation courts expect from the doctor. Cases are often decided by whether the doctor fully explained how likely side effects were and whether there were other options. Keep everything: what was said during consultations, the hospital's advertisements, and before-and-after photos.

If you suspect a different surgeon operated

If you think someone other than the doctor you consulted performed the surgery, first compare the operating room footage with the signatures in the surgical record and the list of participating medical staff. Entrusting surgery to a non-medical person, or having someone provide treatment beyond the scope of their license, is punishable under Articles 27(5) and 87-2 of the Medical Service Act. Where surgery, blood transfusion, or general anesthesia was entrusted in this way, it is a ground for license revocation under Article 65(1)7.

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