Compensation for neonatal death

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Compensation for neonatal death

Compensation for neonatal death
  • If a newborn baby having a birth weight of 2,000g or more and gestational weeks of 34 or more dies due to childbirth or abnormality related to childbirth after childbirth, compensation can be paid. However, following counteracting cases are excluded.
  • 1. Cases due to congenital factors such as brain malformations, chromosomal anomalies, genetic abnormalities, congenital metabolic abnormalities and congenital anomalies, etc.
  • 2. Cases due to neonatal factors such as postpartum infection, etc.
  • 3. Cases due to the intentional or serious negligence of pregnant women during pregnancy
  • 4. Cases due to emergency situations, etc. such as natural disasters, wars, riots, etc.
  • The neonatal death shall be the case of death within 28 days after birth. However, even though the baby dies after 28 days, if the compensation deliberation committee approves that the cause of the death is directly related to the act of delivery, compensation can be paid through the deliberation.
  • If newborns are multiple fetuses, compensation is applied respectively.
  • In case a newborn baby dies with its mother at the same time, compensation is applied respectively.
Criteria for rejection of force majeure medical accident compensation request
  • In case the compensation object of the claim falls under the medical accident that occurred due to a medical practice or the like completed before the enforcement date of this Act (April 8, 2013)
  • In case a suit is filed before the court against the object of the compensation claim after submitting the compensation claim
  • In case compensation is claimed after time limit of compensation claim notification from the medical dispute adjustment committee
  • In case a claimant conducts an action to violate article 12, clause 2 of the Medical Act due to the medical accident of the claim object, or conducts an action that falls under article 314, clause 1 of Criminal Law for the compensation claim
  • In case a claimant who is requested to submit documents from the medical arbitration council does not submit this without a just cause
  • In case it is not possible to proceed the compensation deliberation procedures such as unknown location, contact interruption, etc. of the claimant