A Study on the Relevant Legal Issues with Medical Malpractice in Taiwan

• Main Authors: Wayne Huang, 黃維民
• Other Authors: Tung-Mao Lin
• Format: Others
• Language: zh-TW
• Published: 2002
• Online Access: http://ndltd.ncl.edu.tw/handle/r2wgqz

碩士 === 國立成功大學 === 法律學研究所 === 90 === The principle purpose of this study is to highlight several controversial issues on the medical malpractice within the domain of criminal law in Taiwan. The physician-patient relationship, current healthcare ecosystem, physician liabilities, patient rights, clinical responsibility and duties of healthcare professionals, the conditions of medical malpractice, and the critical regulations of health law were in depth discussed. Moreover, certain theoretical foundations and significant cases related with the concepts of medical negligence in torts under Common Law in the United States were also revealed in the context. For the sake of securing patient rights under the current healthcare system in Taiwan and correcting the distorted asymmetrical health information, this research might have significant impacts on the juridical system and judge quality in medical malpractice and behavioral interactions between the physician and patient. The research methodology in this study was traditionally comparative literature review followed by case presentation. Based beside on the current references and cases in Taiwan, some critical theories and cases from Japan, German and United States were also introduced. A conceptual framework was then constructed via both practical and theoretical demonstrations. The results not only showed that the medical malpractice issues in Taiwan were significant short of immediate and right information, the distorted juridical process and misunderstanding in clinical liabilities were also reported. The justice of identification system was seriously devalued by most of the patient and their family. Those drawbacks might be the key background of current medical disputes and irrational conflicts between the physician and patient. For the viewpoint of patient rights, the recommendations of this research included the procedural redesign of identification system, the construction of adversary system instead of non-adversary system, and the revision of criminal theory for medical malpractice in Taiwan.