From to State Responsibilities on the Medical Disputes and Compensation Act(Draft)

• Main Authors: May-in Tsao, 曹美吟
• Other Authors: Cheng-Ken Chen
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/22042799912864069621

碩士 === 國立高雄大學 === 法律學系碩士班 === 102 === With the development of medical technology, average human life extends every year. However, advances in medical technology did not bring us a hundred percent of medical safety,but caused more unpredictable medical risks. In addition, the government began to carry out a national health insurance system in 1995. It resulted in greatly lower medical costs for patients. Moreover, part of the news media exaggerated to report related medical disputes that made doctor-patient relationship more intense. So it led to the increase of medical disputes year by year. So that it results in "medical five for not". Looking into the reason that clinic doctors won´t continue to do the work, in addition to unreasonable NHI payment, they themselves are worried mainly that medical disputes will likely occur. As medical disputes once occur in the course of practices, in addition to the long legal process that will bring about the mentally unspeakable pressure, together with lots of frequent compensations, as a result more and more doctors give up and surrender. Thus the Ministry of Health and Welfare began to promote an amendment to the Medical Care Act that the doctor´s criminal liabilities could be clarified by reasonable means. Then the Executive Yuan on Dec. 13th ,2012 proposed to amend section 1 of article 82 for the act: "Medical personnel of performing medical practices shall be charged with criminal liabilities as they not only intend to violate the necessary notice of duty but practice beyond usual rules resulting meanwhile in the death or injury of patients. But there´s no penalty if the risks are medically permissible. The said violation of "notice of duty" shall be judged by the medical field at that time, local medical standards, medical instruments and the objective situation". But when the Social Welfare and Environmental Hygiene Committee of the Legislative Yuan examined, based on protecting interests of patients, hoping also to improve present medical status and eliminate judicial doubts, the committee requested the Executive Yuan to present supporting measures of "pre-mediation system "and"irresponsible remedy system" for "medical dispute treatment and medical matter remedy act".By these two approaches, the present situation of our medical industry might gradually be improved. On an average our final judgments of medical criminal cases cost about 3.12 years.But according to nearly 10 yearsmedical judgments by the Health Department, only about 17% of medical personnel were identified as medical negligence. The average compensation was NTD 2million. Except for lawyer´s fees, transportation fees, etc, patients could only get NTD 1.2 million. Such waste of time and labor for law process was often the cause of lower conviction rate. That´s quite unreasonable for concept of cost. It´s therefore hoped that by establishing the system of compulsory mediation and remedy funds, the patient´s requirement could be reached. In the meantime, boring law proceedings became less. Through the protection of doctor-patient relations, the medical environment would change for the better. Therefore, the basic idea of this subject on medical conduct, medical matter and medical disputes is now being primarily discussed. Further analysis of our current disputes and difficulties are required. Besides, from the standpoint of national responsibilities, we shall look into the relevant issues about the compensation acts for medical disputes and happenings. Finally, we shall carry on the comprehensive discussions basically on "the remedy draft for medical disputes and happenings". Meanwhile, we shall propose a review and suggestions as compared with domestic and foreign related remedy acts for the medical matter.