| Summary: | 碩士 === 東吳大學 === 法律學系 === 97 === Abstract
Taiwan is becoming an aging society, therefore; institutions of long term medical care and daily care for the elderly have been established. There are some problems of legal norms concerning our country’s long term care because the system has been established by different government sectors. This research is based on the Senior Citizen’s Welfare Law, to explore the civil liabilities of senior citizen’s long term care institutions and to discuss contract disputes of long-term care and how to apply the law in our country.
According to Articles 16 and 34 of the Senior Citizen’s Welfare Law, the long-term service model consisted of family care, community care, and institution care ; and various types of institutions required for the welfare for
elderly health care or nursing services, medical care should be in accordance with Medical Service Act, Nurses Act, or other medical professions regulations. Therefore; this article elaborates the characteristics of institutional long term care, types, and the composition of staff; and compared with medical .institutions.
In Chapter 3, a thorough elaboration is based on the Consumer Protection Commission, Executive Yuan by the adoption of the resolution of
long term care contract types to explores the nature of long term care contracts, by caring for the elderly how to make a valid contract, as well as bound by contract with the effectiveness of the use of binding tie. Chapter 4 of this article described the rights and obligations of the long term care contract and how to distribute the burden of proof equitably. Chapter 5 covers actions for damages against institutions for injuries induced by long term care services caring for elders under the general laws of contracts or torts according to Articles 16 and 34 of the Senior Citizen’s welfare Law, nursing services, medical care should be in accordance with Medical Service Act. This article is by the theories and based on the courts discussions of the medical contracts, in order to clarify the relevant issues to make recommendations. Finally, conclusions are collated and make recommendations on related issues.
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