A Legal and Social Study on No-fault Compensation for Birth-related Injury: A Case Study on the Experimental Program of Taiwanese “No-fault Compensation for Birth-related Injury”

• Main Authors: Yang, Tzu Hsuan, 楊子萱
• Other Authors: Liu, Hung En
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/mjs2nz

碩士 === 國立政治大學 === 法律學研究所 === 103 === The Experimental “ No-fault Compensation for Birth-related Injury” Program implemented in 2012 is the first medical no-fault compensation program of its kind in Taiwan. This experiment is regarded as an introductory program for the draft act on the Medical Dispute and Compensation Law. Before the introduction of the “No-fault Compensation for Birth-related Injury “ Program, patients and their families had to personally bear the consequences of birth related injuries, and the medical providers often suffered from medical disputes or lawsuits as well. Because of the heavy burdens from psychological and financial pressures on medical professionals, new doctors would refuse to practice birth deliveries and experienced doctors consequently chose early retirement. Because of this system, the number of practicing obstetricians decreased over time. For the first section of this thesis, the current practice of “No-fault Compensation for Birth-related Injury" Program and its outcomes are reviewed, emphasizing the effects of the program in reducing medical lawsuits and increasing compensations for birth-injured patients. Secondly, the thesis applies the comparative law approach to study the difference between the no-fault compensation program and the other foreign/domestic legal systems in order to explore the possibility of its future implementation into other fields of medical practice. The expansion of this program across medical professions could also decrease lawsuits and increase patient compensation. In conclusion, this thesis suggests several proposals such as solidifying the experimental program into concrete legislation and possibly extending this no-fault compensation used in the experimental program to help solve malpractice issues in other fields.