How to Sue a Hospital in Korea as a Foreigner

Suing a hospital in a foreign country is intimidating. The language barrier, unfamiliar legal procedures, and the power imbalance between an individual patient and a large institution create significant challenges. However, foreign patients have the same legal rights as Korean patients, and with the right legal representation, pursuing a claim is achievable.

Before You Sue: Gather Your Medical Records

Your medical records are the foundation of your case. You have the legal right to request and receive your complete medical records from any Korean hospital. This includes: admission and discharge records, physician orders and progress notes, nursing records, medication administration records, diagnostic imaging reports and the images themselves, laboratory results, and consent forms. Request these records as soon as possible — hospitals are required to provide them, but delays can occur. Your attorney can demand the records through formal procedures if the hospital is uncooperative.

Step 1: Expert Medical Review

Before filing any claim, your medical records must be reviewed by independent medical experts to determine whether the standard of care was breached. This review answers two key questions: did the hospital or physician fail to meet the accepted medical standard, and did this failure cause harm to the patient? A positive expert opinion is essential before proceeding. Our attorney-doctors conduct this initial review and, where appropriate, consult independent specialists in the relevant field.

Step 2: Mediation Through K-MEDI

Most Korean medical malpractice claims are first processed through the Korea Medical Dispute Mediation and Arbitration Agency (K-MEDI). The mediation process: your attorney files a mediation request with supporting medical evidence, K-MEDI medical experts review the case independently, a mediation session is scheduled where both parties present their positions, and K-MEDI facilitates settlement discussions and may issue a formal mediation proposal. Mediation is faster and less costly than litigation, and many cases settle at this stage. However, K-MEDI cannot force a settlement — both parties must agree.

Step 3: Civil Litigation

If mediation does not result in a fair settlement, the next step is filing a civil lawsuit in Korean court. The litigation process: filing of the complaint with supporting evidence, exchange of written arguments between the parties, expert witness testimony, court hearings (typically 3-5 hearing dates spread over several months to a year), and judgment. The court decides both liability (whether negligence occurred) and damages (how much compensation is appropriate). Either party can appeal to a higher court.

What You Need to Prove

In a Korean medical malpractice case, the patient must prove: the healthcare provider owed a duty of care (established — hospitals and doctors always owe a duty of care to patients), the standard of care was breached (shown through expert medical evidence), this breach caused harm (causation — that the negligence made the outcome worse), and the harm resulted in damages (quantified through medical records, financial documentation, and expert assessment). Korean courts have become increasingly patient-friendly in recent years, but medical malpractice cases remain challenging and require expert legal and medical advocacy.