| Summary: | 碩士 === 亞洲大學 === 財經法律學系 === 105 === Medical cares have uncertainties. Medical disputes happen when the outcome of medical treatments does not meet the patient’s expectations. The disputes deteriorate the relationships between patients and physicians and bitterly impact on medical systems. These threats and pressure force hospitals and doctors to deploy defensive or conservative treatments, or refuse to accept the referrals in case they will meet the risk of medical malpractice. To promote legalization of management of medical malpractice is a good method to improve the relationships worsening between patients and physicians. Therefore, building a better management of relationships between patients and physicians is the way to upgrade the quality of medical cares and create a bilateral win between the two.
A doctor should know that when he treats a patient he has already made a contract with him by law. If the doctor does not obey medical ethics, he should take the legal responsibility. The lawsuits claimed by three vegetative state patients in the thesis are the examples. they claim the imperformance of contract as well as tortious act and ask damage compensation by civil law. A doctor should “ know “ the law and then “ understand it completely” that he will never “ violate “ it.
To prevent the happening of medical malpractice that causes vegetative state to patients, a medical professional should do his utmost to treat his patients. If a tragedy occurs; moreover, the recovery seems difficult because of the patient’s health condition; in the meantime, the different hindrances to recovery, possibility of recovery from severe physical and mental aging, and chance of survival should be quantified to survey the patient’s life expectancy. It is reasonable to set this management as a standard and this can also cut the consumption of medical resources.
Medical dispute and lawsuit continue to increase annually that fritters away the social cost and discourages the medical practitioners from the service of serious and critical patients, and squanders medical resources due to the increase of defensive medical treatments. Medical cares have high uncertainties, the responsibilities should not be all taken by medical practitioners. Litigation wastes time and brings pressure to physicians and patients that disturbs their daily lives as well as work; therefore, mediation should be used and prompt compensation should be done that will protect their rights and benefits and make patients trust their physicians as well as the pressure physicians bear will be mitigated. That is the way to correct the deterioration of medical cares in Taiwan.
Five goals presented in this study: 1. To understand the legal responsibility of medical malpractice and build a mechanism of legal management. 2. To take the measures of prevention, maintain the quality of medical cares, and prevent medical malpractice. 3. To divide the risk, minimize the possible legal responsibility, as well as reduce medical malpractice. 4. To resolve medical disputes, and prevent the danger happening again. 5. The study will be provided as a reference to hospitals as well as health-associated organizations, and a basis for the management and reform of medical malpractice.
The study indicates that when a medical malpractice happens, the procedure of operation of legal management of risk - legal prevention and management, crisis management of legal risk, and recovery management of legal risk - should be realized. Based on this study, some suggestions are submitted as the following: “ the amendment draft of management of medical malpractice and law of compensation “ should be submitted again immediately, that will realize the spirit of the law presented by Ministry of Health and Welfare, and resolve the problem of the “empty five” because of physicians’ quitting and leaving. The exemption of the punishment of medical malpractice is difficult to promote because it violates equality principle and differential treatment. However, forced mediation, forced medical insurance, and forced compensation will be beneficial to the resolution of medical cares.
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