If a doctor who has become a specialist dies in a traffic accident, the calculation of damages can be based on the earnings of that doctor. However, if a medical student or an intern undergoing training at a hospital dies in an accident, on what basis would the amount of compensation be calculated? The Supreme Court has indicated it is focusing on 'the academic performance of the medical student' and 'the passing of the residency exam by the intern.'
◇ Medical student A, who had good grades… Supreme Court says 'likelihood of earning income as a doctor'
Medical student A was in the second semester of their third year of medical school when they died in a traffic accident in September 2014. The bereaved family filed a lawsuit against the insurance company of the perpetrator, demanding 530 million won in damages. This was based on the income A could earn as a physician after graduating from medical school.
However, the courts in the first and second instances only recognized 240 million won in damages. The judges judged that A was a medical student at the time of death, not a doctor, and there was insufficient evidence to prove A would definitely become a physician.
However, the Supreme Court issued a decision to overturn and remit the case in July 2021, stating that the demands of the bereaved family were justified. The Supreme Court noted that 'A maintained consistently good grades since admission' and that 'the pass rate for the national medical examination for students who enrolled in the second semester of the third year without being held back or taking a leave of absence at the medical school where A was enrolled is between 92% and 100%.' It further stated, 'There is a considerable likelihood that A would graduate from medical school, pass the national medical examination, and work as a doctor, earning income accordingly.'
◇ Supreme Court: 'If failed the residency exam, difficult to recognize likelihood of becoming a specialist'
B, who was an intern at a large hospital, also died in a traffic accident in March 2022. The bereaved family demanded that the perpetrator pay 1.43 billion won in damages. They claimed that if B were alive, they would have completed the internship and residency and earned income as a specialist.
The first and second instances ruled in favor of the bereaved family. The judges stated, 'B was majoring in rehabilitation medicine, and the rate for rehabilitation medicine residents to obtain specialist qualifications is 97%.' They went on to say, 'The proportion of specialists among all doctors is over 80%,' asserting that 'there is a likelihood that B would work as a specialist in rehabilitation medicine.'
However, a completely opposite ruling was made by the Supreme Court last month. The Supreme Court pointed out that B had failed the residency exam at the time of death. The Supreme Court stated, 'While the pass rate for rehabilitation medicine residents to obtain specialist qualifications is very high, this is only in the case of passing the residency exam,' and emphasized that 'the statistic showing that the proportion of specialists among all doctors is over 80% has no special significance in this case.'