When a mother suffers a severe disability during childbirth, the state will compensate up to 150 million won. This applies when a medical accident occurs due to force majeure even though the doctor exercised due care.
The Ministry of Health and Welfare said on the 27th it will pre-announce by June 8 partial amendments to the Enforcement Decree of the Act on Remedies for Injury from Medical Malpractice and Mediation of Medical Disputes and the Notice on Payment of Compensation for Force Majeure Medical Accidents.
Going forward, mothers beyond 20 weeks of gestation (the period the fetus remains in the mother's body) can receive compensation after review and resolution by the compensation review committee if a severe disability occurs during childbirth due to force majeure. Compensation is also possible when abnormal signs arise after delivery and lead to a severe disability.
This is a system in which the state takes responsibility and compensates when a medical accident occurs due to force majeure during childbirth even if the medical staff fulfilled their duty of care and prevention. Previously, neonatal cerebral palsy and the deaths of mothers and newborns were covered, but the scope has expanded to include severe disabilities of mothers.
Obstetrics and gynecology has often been shunned by doctors due to the risk of medical accidents. With the government's new measure, patient rights are expected to be strengthened while the burden on medical staff is likely to ease. An official at the ministry said, "We plan to finalize the amendments after collecting opinions during the pre-announcement period."