A growing number of patients are seeking to sue hospitals after the death of legendary singer-songwriter Shin Hae-chul after intestinal surgery, often prompted by ambulance-chasing lawyers.
Attorneys tempt patients in Internet chatrooms with the possibility of winning compensation, but legal sources said medical lawsuits are notoriously difficult to win.
The number of medical malpractice lawsuits rose from 665 in 2002 to more than a thousand in 2012 and reached 1,100 last year. But in 2013, only 26.3 percent of the cases led to patients receiving compensation.
There are several reasons why patients stand little chance. First, they must prove that the hospital made grave mistakes, and it is difficult to show that a patient already in bad health got worse due to a botched medical procedure. Also, hospitals hold almost all the evidence, making it difficult for plaintiffs to see it.
In cases where patients have died, the family usually want to put the matter to rest and proceed with the funeral, making it even more difficult to obtain physical evidence.
One judge at the Seoul Central District Court said, "There are many cases where hospital malpractice cannot be proven in court." The judge added that even most successful cases result in only partial compensation.
Senior legal professionals warn of ambulance chasers. One judge at the Seoul High Court said, "If there's clear suspicion of medical malpractice, seek the help of police first and pursue legal steps only after clear evidence is obtained."
