過剩醫療行為之刑事責任研究

• Main Authors: Liu, Hsin-Tung, 劉欣彤
• Other Authors: 盧映潔
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/27406998403302443178

碩士 === 國立中正大學 === 法律學研究所 === 101 === The main purpose of this thesis is to discuss the conditions of superfluous medical behaviors. Since one’s health is bound for some sorts of problems in a life time, seeking for medical assistance is a highly relevant issue for everyone. With recent advances in medical technologies, the progress in medicine is also evident, prompting more diversified medical practices. But the medical procedures or treatment protocols recommended by doctors or anticipated by patients really good and essential for patients? If there is no medical necessity in providing and requiring certain procedures or treatments, why would doctors and/or patients demanding or asking for them? What is the so-called “Superfluous Medical Behaviors”? How do you define over-done or under-done medical behaviors? What are the underlying causes for practicing these behaviors? And what are the possible effects on doctors and patients alike? Is there any legal liability with superfluous medical practices? All the aforementioned issues will be discussed in this thesis. The first part of the thesis stated the concept and definition of the so-called “Superfluous Medical Behaviors.” Then I categorized these behaviors based on their medical effects. The applicability of physicians’ duty of disclosure in superfluous medical behaviors was discussed. Finally, the administrative and criminal liabilities of the superfluous medical behaviors were probed and discussed in full. With completion of the thesis, I strongly believed that superfluous medical behaviors tend to have less or similar legal liabilities as compared to those of routine medical behaviors, unless they are extremely strayed from medical knowledge. Since medicine is an ever-changing and progressing discipline, standard operating procedures or guidelines can hardly be established to delineate the superfluousness of any medical behavior. In order to genuinely maintain and promote health of any patient, the never-changing truth is to treat them with conscience and thoughtfulness!