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When a family member or you yourself experience an unexpected outcome immediately after surgery, many people are overwhelmed and rush to confront the hospital. However, in the early stage of a suspected medical accident, the most important step is securing objective evidence. In this article, we will outline what patients and bereaved families must do first when a medical accident is suspected, along with the legal basis.

[Table of Contents]

1. Why securing medical records comes first

2. Types of medical records you must request

3. The hospital's duty to provide records under the Medical Service Act

4. What to do when the hospital delays issuance

5. Why early legal counsel matters in medical disputes

Why securing medical records comes first

In medical litigation, the most essential evidence to establish facts is the medical record. Because medical procedures take place outside the patient's direct perception, determining the cause of an accident and the existence of negligence inevitably starts from what the medical staff recorded.

If you protest emotionally first, the hospital tends to take a defensive posture, and over time suspicions can arise that records have been edited. Therefore, the moment a medical accident is suspected, quickly secure the records in their original form — this is the first step toward resolving any dispute.

Types of medical records you must request

When a surgical accident is suspected, request the following documents without omission:

• Surgical record — surgical progress, techniques, and equipment used

• Anesthesia record — anesthetic method, drugs, and vital sign changes

• Nursing record — patient condition and treatment before and after surgery

• Full copy of the medical chart — inpatient and outpatient records, test results, imaging data

No single record can fully reveal the cause of an accident. Only by reviewing the entire record comprehensively can negligence be assessed. Do not settle for partial issuance — formally request the full copy.

The hospital's duty to provide records under the Medical Service Act

The Medical Service Act provides that when a patient, family member, or bereaved family lawfully requests a copy of the medical record, the medical institution cannot refuse. In other words, the hospital bears a legal duty to issue the records.

Refusing or delaying issuance without justifiable cause may constitute a violation of the Medical Service Act, which can lead to administrative sanctions and criminal liability.

What to do when the hospital delays issuance

Hospitals often delay issuance by saying "the attending doctor is unavailable" or "please come back later." As time passes, suspicions of record alteration grow and the dispute becomes harder to resolve. Respond firmly as follows:

• Submit a written application formally and obtain confirmation of receipt.

• If the hospital delays without justifiable cause, you may file a complaint with the public health center or local government.

• The refusal or delay itself may be grounds for criminal complaint, so preserve call recordings and written exchanges.

Why early legal counsel matters in medical disputes

In medical disputes, the early response dramatically affects the outcome. If the core evidence — the medical record — is not secured or only partially preserved, it becomes extremely difficult to prove negligence in later medical assessment or litigation stages. When the medical staff's conduct extends into criminal territory such as occupational negligence resulting in injury or death, the timing of evidence preservation determines the case's conclusion.

Cheongchul Law Firm's attorneys, who have personally handled medical accident criminal and civil cases, accompany you from the very first step of securing medical records through medical assessment, damages claims, and criminal complaints. If you suspect a surgical accident and feel lost, organize the objective evidence with a lawyer before reacting emotionally.

This article is provided for general legal information purposes and does not constitute legal advice on any specific case. The outcome of an individual case may vary depending on the facts and applicable laws, and consultation with an attorney is recommended for accurate judgment.