Shifting the Paradigm of Medical Dispute Resolution: From Individual Punishment to System Improvement and Public Compensation
10.21215/kjfp.2026.16.1.25
- Author:
Hee Gyung KANG
1
;
Eun Kyung EO
;
Duseop KWON
;
Sung-ju KIM
;
HaDa RYUOK
;
Serng Bai PAK
;
Junghee AHN
;
Minsu OCK
;
Mihwa YOO
;
Sang-il LEE
;
Eunyoung CHO
;
Eun Jin HA
;
DongSeok HAN
;
Juhwan OH
Author Information
1. Department of Pediatrics, Seoul National University College of Medicine, Seoul, Korea
- Publication Type:Review Article
- From:
Korean Journal of Family Practice
2026;16(1):25-32
- CountryRepublic of Korea
- Language:English
-
Abstract:
Legal risks and liability issues in medical practice serve as a primary catalyst for the current collapse of essential healthcare services in Korea. Currently, medical disputes in Korea are disproportionately focused on criminal prosecutions and high-damages civil litigation. This punitive approach fosters a culture of concealment, encourages defensive medicine, and accelerates the exodus of medical professionals from essential fields. Ultimately, this cycle deprives the system of opportunities for improvement and poses a significant threat to patient safety. In contrast, many advanced nations have adopted principles of “Just Culture” and “Safe Space,” prioritizing non-punitive reporting and systemic root-cause analysis over individual retribution. To address these issues, this paper proposes four key strategies: First, the establishment of an independent “Patient Safety Investigation Agency” to objectively investigate incidents and identify systemic flaws. Second, a transition from criminal punishment to licensing board-led management, focusing on re-education and counseling to maintain quality of care. Third, the enactment of “Apology Laws” to ensure that expressions of regret or apologies cannot be used as legal evidence of liability, thereby fostering trust and psychological recovery. Finally, the creation of a “Patient Safety Fund” to provide prompt and sufficient public compensation to victims regardless of proven negligence. In conclusion, it is imperative to shift the paradigm by defining medical accidents as “system failures” rather than individual faults. Strengthening the social safety net will encourage medical professionals to return to essential care and build a sustainable healthcare environment centered on patient safety.
