| Summary: | 碩士 === 國立政治大學 === 法學院碩士在職專班 === 107 === While dealing with drug injury cases, the traditional fault-based litigation and compensation schemes have got its limitations and difficulties, due to it is usually not being easy to identify the liable person and establish the causal link between an injury and a malpractice successfully. Furthermore, lawsuits against health care professionals may also lead to defensive medicine, which is adverse to the development of medicine, and can also jeopardize patient-provider relationship. Therefore, it is critical to provide a drug injury relief scheme free from fault seeking basis; which is the approach assumed in Taiwan.
The present thesis present criminal and private lawsuit cases pertained to drug injury disputes to demonstrate the limitation of fault-based scheme in the field of medicine. Upon that, the necessity and features of the drug injury relief system in Taiwan is introduced and described. Certain statistic data of application status is reviewed and followed by real case study aiming to identify issues and root causes of the current relief system, as well as the potential solutions.
In order to learn from the experience of medical advanced countries, the present thesis study drug injury relief schemes of the U.S., Nordic, Japan and Germany. According to the analysis and induction of these schemes, specific advices for improvement of the current Taiwan system are concluded and put forward.
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