Factors Affecting Emergency Physician 's Criminal Liability

• Main Authors: Lin, Chiu-Yi, 林秋宜
• Other Authors: Chen, Chih-Hsiung
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/26471090289607019565

碩士 === 國立交通大學 === 管理學院科技法律學程 === 101 === With the advancement of medical technologies, people can enjoy high quality medical care services. However, the convenience of medical treatment in Taiwan has also become one of the causes for the dramatic increase in medical malpractice disputes. Medical cases most often reported by the media are the ones related to emergency rooms. In addition to emergency room violence and congested conditions, these cases also comprise the emergency care system and medical disputes. The issue of emergency room physicians receiving criminal sentences due to the emergency care they provided to patients has also received great attention. However, in practice, have there really been that many emergency room physicians who have received criminal sentences? Do prosecutors file complaints against emergency room physicians based on their "failed" medical practice？What are the factors judges have to consider after prosecution？ Medical science, by its nature, involves a great deal of uncertainty. Medical practice itself has its risks. Frontline emergency room physicians must treat patients in the most urgent conditions, and these patients' conditions are constantly changing. The physicians must make the right judgments from numerous options on very short notice, which is extremely difficult. The implementation of medical care and evaluation for patients in critical condition should involve special requirements. However, with only limited information and equipment in emergency rooms, should emergency room physicians be evaluated as negligence under law in the event of medical errors? The current academic theories and papers mostly focus on general medical malpractice cases, or discuss individual cases. They do not distinguish between different medical fields for further analysis, nor do they provide special discussions for cases involving emergency medical care conditions. In this study, 25 cases are collected from 1997 to 2012, 10 of which are guilty and the rest 15 cases are innocent. 12 ER physicians sentenced to 2~10 months. Many of them could convert imprisonment into fine or suspension of punishment. When it comes to ER criminal trial, Judges should consider the following factors : triage, causes of going to hospitals, medical level of hospitals, how many patients in the emergency room, period of practicing physicians, the after offenders' attitude committing the offense and so on. This study aims to clarify some misconceptions from the perspective of practical applications, to understand the true state of emergency medical disputes under current practices. This study also discussed medical malpractice-related cases in the United States and the rights that patients enjoy when receiving emergency medical treatment in the US. This study found that medical disputes in the US may be classified as criminal liability cases. We can learn from these cases. We suggest that judges who hear medical malpractice cases should enrich their professional medical knowledge, actively participate in learning programs and seminars, and be encouraged to obtain certification in criminal medicine, in order to bridge the knowledge gap between professions through specialized court operations. Additionally, we suggest that deliberation could proceed in a dual conciliation committee system, and allow legal and medical professionals to participate in such disputes at the earliest possible point. The results should serve as a basis for reforms, and provide reference for the medical and legal fields.