| Summary: | 碩士 === 國立陽明大學 === 醫務管理研究所 === 91 === With the society progress and the National Health Insurance implementation in Taiwan, the life and medical relationship has turned to a big change. In pass few years, medical malpractice happened all the time. However before it used to be just a case of conflict, it turns to threaten or violate to physicians recently. It caused the physicians become more cautionary while they give a prescription to patients. Besides, the society pays a much attention to human-right, patients are much easy to make a medical argument to be a claim. Soon or later Medical Malpractice will be a nightmare inside the medical management.
Does the physician really take their responsible or does he have to liable to pay compensation? It is always the main issue when the medical malpractice claim happened. When a party sued for a court, the physician or patient should provide burden of proof is the most important factor to judge or certify medical malpractice. In the lawsuit, it called “ Proof of evidence is the beginning of lost of lawsuit”. If the physician give a burden of proof, he has much easy to turn to be medical malpractice, however if patient give a burden of proof, because they are lack of knowledge about treatment and the process of operation, it is often hard to call for a medical malpractice cases. However, it is affected the right of physicians and patient, how to be reasonable distribution burdened of proof under the justice circumstances between physicians and patient is the most important task.
In medical malpractice cases, patient can rely on tort and liabilities nonperformance under practice law. According to burden of proof, the distribution burdened of proof between the parties is basis on the fact of tort addressed by patient and due to malpractice cases, the physicians is common to be judged to a incomplete on optional mode of settlement, therefore the patient have a responsible to provide physician incomplete burdened of proof. Basis on two laws, it is to be considered as a attack in the new litigate discussion, patient can optional to sue a court. However, in old litigate discussion it is defined to be a different litigate, patient can sue as a one court or separately.
Nowadays it is a generation of respect democratic rights in 21 centuries, the physicians should sensitively realize the progress of society and improve themselves to catch the changes, if the physicians who always live in their own world, they soon will kick out through competition. However, to fit the current situation is not to compromise out of consideration for the general interest, but because we should take responsibility to contribute ourselves to establish a reasonable system under current law. While reviewing the distribution burdened of proof in medical malpractice cases, we establish medical liability insurance system and medical court to make a movement in arbitration out of court to assistant and keep a better medical environment and system.
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