Constituting Resolution Systems of Medical Disputes in Taiwan

• Main Authors: Shieh,Jong Fern, 謝忠焚
• Other Authors: Tsay, Jenn-Shiou
• Format: Others
• Language: zh-TW
• Published: 1998
• Online Access: http://ndltd.ncl.edu.tw/handle/69580135125118575163

碩士 === 中國醫藥學院 === 醫務管理研究所 === 86 === Due to the facts that consumers (e.g., patients and family members) protecti on concept has been introduced and widely accepted in recent years, there are a great deal of medical malpractice disputes in Taiwan and other countries. Th e traditionally harmonious doctor-patient relationship had been changed dramat ically. The deteriorating results of medical malpractice disputes have diverte d medical professionals'' normal practice. As a results of these, medical profe ssionals have adopted the defensive medical strategies which resulted in unnec essary tests, treatments, and medicine are being performed or used. In additio nal to the waste of medical resources, medical professionals may be forced to choose lower-risk clinical tasks or specialties or turn down admissions of eme rgency patients. The distortion of medical profession and destruction of medic al resources resulted from medical malpractice disputes have affected people*s health and lives and become one of the most important social problemsfaced bym any countries. A.This research project''s main purpose is to investigate the po ssibility of making a new legislature -“Statute of Mitigating Medical Dispute s" and studyproper procedures so that any medical disputes can be settled in a n effective,speedy, and equitable manner. In addition, the medical professiona ls can bereverted to the normal training and advancing career tracks and the p atients are assured to receive the best treatments available.B.The Statute of Mitigating Medical Disputes has been drafted to encompass the following four p erspectives:1.Patients and family members:People say,"Overdue justice is not j ustice". The legal proceedings of medical disputes are very time consuming and require high amount of legal expenses. The damage compensation, if any, would be late. If there are no normal channel to mitigate disputes, patients and fa mily members may considered other alternatives or worst of all illegal gangste rs may be involved. These informal channels deteriorate the quality of medicin e profession and the right of the patients. 2.Medical institutions and medical professionals:The least wanted task for medical professionals is to handle me dical disputes, as they would damage sound relationship between doctors and pa tients. Especially when patients are not reasonable, the morale of the medical professionals is dramatically affected. Therefore, a sound system that provid e good media of conference and arbitration would be a plus to medical environm ent.3.Juristic authorities: As the practice of medicine is a highly sophistica ted profession and the juristic authorities, which do not possess medical expe rtise, will usually rely on attestation or other witness experts* opinion, jur istic decisions may not be widely accepted. Therefore, properly designed mitig ation procedures will reduce unnecessary lawsuits and increase the quality of juristic decisions.4.Medical administration authorities: As government agencie s are governed to implement policies by law, therefore a new set of statutes t hat clearly stipulate the mitigation procedures will reduce the government cos ts and increase the satisfactory degree responded by the people. The resu lts of this research project provide guidelines and possible solutions with re spect to mitigating medical disputes and can be of reference to the medical ad ministration and juristic authorities and the academia.