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KMID : 0986720180260020097
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Korean Journal of Medicine and Law
2018 Volume.26 No. 2 p.97 ~ p.116
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A Study on the reasonable scheme for introduction of Medical Liability Insurance
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Kim Sung-Eun
Choe A-Reum
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Abstract
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This article reviews issues regarding compulsory medical liability insurances on the side of the medical institution, and suggests preferable introduction of the scheme. When the Act on Remedies for Injuries from Medical Malpractice and Mediation of Medical Disputes was enacted (enforced in April 2012), the Advances for Damages Scheme was introduced as an alternative to compulsory medical liability insurance. However, there have been continued controversies over the compulsory insurance arising from objections, such as the inadequate security of the existing scheme. For a person who is obliged to pay damages for medical malpractice, where such an occasion occurs, such as temporary difficulties in payments, the payment for damages is not readily available. In the Advances for Damages Scheme, the Korea Medical Dispute Mediation and Arbitration Agency (KMDMAA) provides money in advance for a victim of medical malpractice, and exercises the right to demand reimbursement against the person obliged to pay damages. Accordingly, the scheme faithfully serves as a final security in the payment for damages. However, the scheme is not available in situations where a final decision is not made by public dispute resolution agencies, such as a court or the KMDMAA. Under the circumstances, it is claimed that medical liability insurance can partly fill an institutional gap in the absence of financial resources, which could make it possible to autonomously settle disputes between both related parties. In this regard, this study explored the insurance eligibility of medical liability insurance by making a comparative examination of the Advances for Damages Scheme and medical liability insurance from various perspectives. As a result, medical liability insurance was regarded as an insufficient system for fully replacing or supplementing the current scheme, considering the functional overlap compared to the Advances for Damages Scheme, the practical uncertainty of social costs, the difficulty in compensation of the outstanding amount of damages, and the declining public nature of the KMDMAA. However, as the expected practical benefits of the transfer of public dispute resolution agencies and the autonomous settlement between the parties were regarded as positive effects, they are considered to be the qualitative aspects. Accordingly, an independent research was necessary. As an alternative to compulsory medical liability insurance, the study presented three measures: ① the governmental financial support for deficiencies; ② the establishment of accumulation or deposit for damage indemnification reserve; and ③ the application of special criminal punishment to the cases of entering medical liability insurance or mutual aid associations.
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KEYWORD
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Korea Medical Dispute Mediation and Arbitration Agency, the Advances for Damages Scheme, medical liability insurance, the accumulation of reserves for damages, insurance eligibility
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