Korea to pay up to $215,000 for cases of brain damage, death during child birth

The government will compensate up to 300 million won ($215,000) to cases where, despite the medical staff's best efforts, newborn babies suffer brain damage or the mother dies during labor.

A nurse takes care of a newborn at a hospital in Incheon on Dec. 26, 2024. [NEWS1]

The government will compensate up to 300 million won ($215,000) in cases where newborns suffer brain damage or mothers die during labor despite the efforts of medical staff.

The Ministry of Health and Welfare announced Friday that it will issue an administrative notice between Friday and June 5 on the draft of the “Notice on Payment of Compensation for Force Majeure Medical Accidents” containing compensation limits and payment methods for each type of childbirth accident.

This follows an amendment to the Act on Remedies for Injuries from Medical Accidents and Mediation of Medical Disputes in March, which raised the maximum compensation for inevitable accidents that occur during childbirth from 30 million won to 300 million won.

The purpose is to strengthen support for victims of medical accidents while also reducing the burden on obstetricians and gynecologists who are suffering from litigation risks, thereby eliminating avoidance of essential medical care.

In this draft notice prepared ahead of the July enforcement of the revised enforcement decree, the scope and limit of compensation were specified through review by experts and overseas cases operating similar systems.

The regulation defines the scope of eligibility and the amount of compensation based on extensive review of international examples and consultation with experts.

Compensation will be available for cases of cerebral palsy in newborns when the baby weighs at least 2 kilograms (4.4 lbs) at birth and has a gestational age of at least 32 weeks. In the case of maternal death during childbirth, the gestational age must be at least 20 weeks.

A nurse takes care of a newborn at a hospital in Incheon on Feb. 26. [YONHAP]

Under the new policy, if a newborn has severe cerebral palsy due to an unavoidable birth-related accident, the family can receive up to 300 million won. In cases of mild cerebral palsy, compensation is capped at 150 million won.

For maternal deaths, compensation is set at up to 100 million won. When a newborn dies as a result of such incidents, the family may receive up to 30 million won. In cases of fetal death, the compensation is capped at 20 million won.

In incidents involving multiple births or the simultaneous deaths of a mother and newborn, compensation will be calculated individually for each party involved.

The Korea Medical Dispute Mediation and Arbitration Agency will determine whether a case qualifies for compensation and specific amounts.

For cases involving cerebral palsy, a portion of compensation will be distributed annually until the child turns 13. In cases involving maternal or newborn death, funds will be provided as a lump sum.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff. BY JEONG JAE-HONG [lim.jeongwon@joongang.co.kr]