"A knee replacement is a simple procedure," the doctor said. The family signed the surgical consent form, waited outside the operating room, and heard the surgeon say, "It went well." But the next morning, the father is unconscious. The next day too, and the day after. The hospital only repeats, "We have to wait and see." In moments like this, there are things a family must do and things it must never do. How you act within the first 72 hours determines whether the later legal response succeeds or fails.

1. Right now, what you must never do inside the hospital

Do not sign anything.

Immediately after a medical incident, the hospital may bring a "consent form" or a "confirmation form," explaining it as a "document required by procedure." Until you understand exactly what it says, sign nothing. In particular, never sign documents amounting to an "incident statement," a "draft settlement agreement," or a "waiver of compensation" before a lawyer has reviewed them.

Also, do not treat conversations with hospital staff lightly. A medical team's answer to "Why did this happen?" can become important evidence in later legal judgment. Record key conversations where possible, or immediately note the time, content, and who was present.

2. First action: request the medical records right now

From the moment a medical incident is suspected, the clock is running. Many people assume records can be requested later. But once signs of a dispute appear, hospitals do in fact "supplement" records, with parts added or revised.

Under Article 21 of the Medical Service Act, the patient or an immediate family member may request inspection and copies of the entire medical record. If the hospital refuses without justifiable grounds, that is a violation of the law. The request should cover all of the following.

(1) Records you must secure

Surgical record, anesthesia record, nursing record, vital-sign measurements, blood test results, imaging (including original CT and MRI), surgical consent form, recovery-room record, and ICU progress notes. If even one is missing, request it again. The nursing record in particular most vividly shows what happened in the ward after surgery, and when.

(2) Petition for evidence preservation through the court

If the hospital delays handing over records or provides only part of them, you can petition the court for "evidence preservation" so that the court itself secures the entire set of original records held by the hospital. It can be filed even before a lawsuit, and it is the strongest means of preventing records from being altered or concealed.

3. Second action: three questions you must ask the doctor

Request a meeting with the attending physician. Rather than a vague "Why did this happen?", prepare specific questions. Record the answers to the three questions below, along with the time.

First, "What abnormal sign first appeared during or right after surgery, and what measures were taken at that point?" — The gap between when the medical team recognized the abnormal sign and when it actually acted becomes core evidence of negligence.

Second, "What do you judge to be the cause of the current condition?" — Whether the doctor's answer is medically sound or evasive of responsibility can be compared later in a medical expert review.

Third, "Was this condition foreseeable before surgery, or was it unforeseeable?" — If an answer of "unforeseeable" conflicts with the records, it is strong circumstantial evidence of negligence.

4. What the hospital says and the meaning behind it

"This is a rare but possible complication." → This is phrasing that dresses up the event as an unforeseeable complication to avoid liability for negligence. Check the consent form to see whether this complication was explained before surgery. If it was not explained, that is a breach of the duty to explain.

"We did our best." → This is legally meaningless. The standard is not "best efforts" but "whether the measures required by the medical standard at the time were taken in a timely manner."

"For now, what matters is for the patient to stabilize." → As time passes, the statute of limitations runs. Even while you watch and wait, you must prepare legal measures in parallel.

"We'll resolve this well internally within the hospital." → While you trust these words and wait, the right to claim damages may be extinguished by limitation. Even while discussing an internal resolution, secure the medical records and consult a lawyer in parallel.

5. Third action: KMDMAA mediation vs. a lawsuit, which to choose

There are two ways to resolve a medical dispute: mediation through the Korea Medical Dispute Mediation and Arbitration Agency (KMDMAA), and a civil claim for damages.

(1) KMDMAA mediation: fast and inexpensive, but with limits

If you file for mediation with the KMDMAA, mediation can begin compulsorily even without the hospital's consent (in cases of death, unconsciousness lasting one month or more, or serious disability from a medical incident). It is inexpensive and reaches a conclusion within about 90 days on average. However, if you do not agree with the mediation result it has no effect, and compensation tends to be set lower than in a lawsuit.

(2) Civil lawsuit: larger compensation, but it takes time

A damages lawsuit through the court takes one to three years on average, but the compensation is calculated more precisely and the proportion of liability can be contested. In cases of death or serious permanent disability, compensation including nursing-care and treatment costs can reach hundreds of millions of won.

The two procedures are not a matter of choice but of sequencing by strategy. It is common to try mediation first and move to a lawsuit if it breaks down, but there are also cases where filing a lawsuit from the outset is advantageous. Be sure to confirm this in a consultation with a lawyer.

6. When should you call a lawyer

The most dangerous thought is, "We don't know how this will turn out yet, so let's wait a bit longer." If even one of the situations below applies, seek legal advice immediately.

When the patient unexpectedly loses consciousness after surgery, or suddenly and seriously deteriorates. When the medical team avoids a clear explanation of the cause, or repeats explanations that do not add up. When the hospital proposes a "settlement" first, or asks you to sign documents. When the patient has died.

At the consultation stage there is often no cost, and through it you can first gauge the prospects of a lawsuit and the expected compensation. If you make this decision too late, the statute of limitations (three years) becomes a problem.

7. Practical checkpoints

• When recovery of consciousness was delayed or the condition worsened right after surgery, whether one family member immediately noted or recorded the time and the medical team's response (this record becomes the starting point for later proof of negligence).

• Whether you applied in writing to the hospital for copies of the entire medical record (including the nursing record, anesthesia record, and vital-sign records) — a verbal request leaves no evidence of refusal or delay.

• Whether, in the records the hospital provided, the vital-sign records on the day of surgery, the time the abnormal sign occurred, the time the on-call doctor reported, and the time treatment began all match (a time discrepancy is core evidence of negligence).

• Whether you had a lawyer review the content before signing any settlement or consent form the hospital proposed (signing a settlement may block any further claim afterward).

• Whether you strategically chose, together with a lawyer, which is more advantageous between filing for KMDMAA mediation and a civil lawsuit.

• Whether you marked on a calendar when the three-year statute of limitations from the date of the incident falls (if the limitation period is completed while you wait, the claim itself is barred).