The Ministry of Health and Welfare announced on the 16th that the state will compensate up to 300 million won for medical accidents, such as newborn cerebral palsy, that occur uncontrollably despite medical personnel fulfilling their duty of care during childbirth.
The ministry will administratively announce the enactment proposal for the compensation payment for uncontrollable medical accidents with such content from today until the 5th of next month. This aims to support victims of medical accidents and alleviate the litigation burden on obstetricians.
Compensation will be provided if the newborn is over 32 weeks gestation and weighs more than 2 kg, even if the medical staff fulfilled their duty of care but an accident occurred.
If a newborn suffers from mild or severe cerebral palsy due to a childbirth accident, they will be compensated with a maximum of 150 million won and 300 million won, respectively. If a mother dies during childbirth of a newborn over 20 weeks gestation, the compensation will be a maximum of 100 million won. If a newborn or fetus dies, the compensation will be 30 million won and 20 million won, respectively. If both the newborn and the mother die in the same accident, the compensation will be calculated separately.
Whether compensation is granted and the amount will be determined by the medical accident compensation review Commissioner. If the mother, newborn, or fetus dies, the compensation will be paid at once. If a newborn suffers from cerebral palsy, the compensation will be paid annually until they turn 13 through partitioning.
Kim Guk-il, the Director of Health and Medical Policy at the Ministry, noted that they will ensure a safe environment against medical accidents.