A Research of Medical Arbitration

• Main Authors: Chao, Rockey, 趙榮勤
• Other Authors: Chang, Ting
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/x7uf4z

碩士 === 嶺東科技大學 === 財經法律研究所 === 101 === The recent mode to settle down the prevailing medical disputes in Taiwan has been that a patient files a criminal lawsuit, requesting the prosecutor to intervene to save him from hiring a lawyer, collecting evidence and paying the referee fee. A compensation request is attached with the lawsuit. Such a litigation mode, however, often causes a heavy burden to the criminal court. And patients do not benefit from the high acquitting rate. The mode has thus altered medical services significantly. Both medical institutions and doctors have become evasive. The consequence of the change has to be taken by the whole society. Negotiation, reconciliation, mediation, arbitration, and litigation are the most common ways to settle medical dispute in Taiwan. In negotiation and mediation, a settlement is achieved without a third-party involved while in conciliation or mediation a third-party is required for the settlement. Arbitration is regulated by the provisions of the Arbitration Act and formed by the arbitral tribunal whereas lawsuits are resorted to the court. Contrary to consultation and mediation, the results arbitration and litigation are mandatory. Arbitration saves the cost of litigation for both doctors and patients once a dispute occurs. And the majority of disputes can be settled within six months. Besides, with more arbitrators of medical professional backgrounds, the results of arbitrations turn more accurate and timely. Plus with the privacy and mandatory settlements, arbitration proceeding is an inevitable trend to settle medical disputes in the future.