Requisitioning procedure


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Requisitioning procedure

<1> Application of adjustment and arbitration for delivery medical accidents

When delivery medical accidents occur, anyone can apply for adjustment and arbitration, and when acceptance requirement meets and the other party agrees with the participation of the procedure, the procedure of adjustment and arbitration begins in earnest.

  • Application method: visit, internet homepage, mail or fax
  • Required documents: a written application for adjustment and arbitration, an identification card (a certificate of residence. etc.), a statement of adjustment application, etc.

<2> Appraisal for delivery medical accidents

Appraisal group for medical accidents carries out the professional, objective appraisal for fact-finding, causal relationship, existence of malpractice, etc.

  • Appraisal group for medical accidents (people): medical specialists by field (2), judicial officers such as a prosecutor, a lawyer, etc. (2), a representative for consumers' rights and interests (1)

<3> Notification of the fact that compensation can be claimed

The director of the medical conflict adjustment committee notifies to the victim on the basis of the appraisal statement that compensation can be requested if medical accidents are judged to be the target for deliberation of the compensation deliberation committee.

  • The medical conflict adjustment committee (people): judicial officers such as a judge (2), medical personnel (1), a representative for consumers' rights and interests (1), a professor of the acdemia, or the research institute
  • If there is no malpractice of medical personnel, or malpractice cannot be proved → progression of force majeure medical accident compensation procedure
  • If the malpractice of medical personnel is approved → progression of general adjustment and arbitration procedure

<4> Compensation claim

A victim can claim for the medical accident compensation within 14 days from the date of receiving notice that compensation can be requested to the medical accident compensation deliberation committee.

  • Required documents: medical accident compensation bill, power of attorney (Not to, nor required by, all addressees), account bankbook copy for receipt of compensation, etc.

<5> Deliberation, decision

The compensation deliberation committee deliberates and decides on the relevance to parturition of medical accidents, payment of compensation or not and the amount of compensation, etc. within 60 days and notifies the result to the victim within 15 days.

  • The medical accident compensation deliberation committee (peoplw): specialists in obstetrics (2), specialists in pediatrics (2), judicial officers (2), medical personnel (2), a recommender from the nonprofit organization (1)

<6> Payment of compensation

When the payment of compensation is decided, compensation is paid to the victim within one month from the date of notification of the deliberation result.

  • Amount of compensation: within max. 30 million won
  • Financial resources of compensation which is paid to the victim of force majeure delivery medical accident are created in common by the state and the delivery medical institution founder.