The provisions that doctors can claim for misdiagnosis are as follows:
1. If medical personnel fail to fulfill the diagnosis and treatment obligations corresponding to the medical level at that time in diagnosis and treatment activities, causing damage to patients, the medical institution shall be liable for compensation.
2. If the patient suffers damage in the diagnosis and treatment activities and the medical institution and its medical staff are at fault, the medical institution shall bear the liability for compensation.
3. If the infringement causes personal damage to others, it shall compensate the medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the reduced income due to missed work.
[Legal Basis]
According to Article 16 of the Tort Liability Law, if a person infringes upon another person and causes personal damage, he/she shall compensate medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the reduced income due to missed work. If it causes disability, it shall also compensate for the cost of disabled living aids and disability compensation. If death is caused, funeral expenses and death compensation shall also be compensated. (The Tort Liability Law will expire on December 31, 2020).
According to Article 1179 of the Civil Code, if a person infringes upon another person and causes personal damage, he/she shall compensate for the reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital board subsidies, as well as the reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, funeral expenses and death compensation shall also be compensated. (The Civil Code will enter into force on January 1, 2021).