The Legal System of Medical Damage Compensation:Based on HIV-infected Organ Transplantation Event

• Main Authors: Wei-TingLi, 李威廷
• Other Authors: Teng-Ko Hsu
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/43145854761655823666

碩士 === 國立成功大學 === 法律學系 === 103 === The theory of damage compensation is not only an important task in civil laws, but also the basis of State Compensation Law. The crucial issue is the determination of casual connection and willful negligence. The famous organ transplants from an HIV-infected donor case years ago, was found as misinterpret the answer of “reactive” as “negative” (non-reactive) over the phone. The specific incident has challenged the deficiency of both the medical and legal system. As to the medicine, a major flaw occurred in the surgical procedure of the top organ transplant team in Taiwan, a reformation and a complete surgical procedure shall be admitted immediately; as to the law, the liable party and process of civil and criminal offenses to the five victims of the surgery is still obscure and without definite conclusion. Although the investigation of the Ministry of Health and Welfare and the Control Yuan has triggered a debate on whether physicians of public hospitals are qualified as public servants, issues of state compensation have just been mentioned lightly for medicine shall be out of the scope of public power. Based on a precaution to social risks and a protection to human rights in health care, health rights of people shall be protected by administrative regulation, especially patients in high medical technology organ transplants. Taiwan Organ Registry and Sharing Center is established under the authorization of the law, and its members are qualified as public servants. They shall be obliged and liable to their jobs besides their authorities. A complete practice of administrative control policy from the government in organ transplants may prevent a regrettable incident in the future. Facing the increasing of medical disputes, our government shall not only depend on medical examinations, but also fully apply its functions in settlement and mediation. The “Patient Compensation Insurance” in Sweden and “No-fault Compensation” in New Zealand may be references as building a Medical Disputes and Medical Incident Compensation Law in Taiwan. The complexity of medical system and the variety of different countries, as well as the cognitive dissonance from faculties of medicine and law may be required to be integrated, and the target is to establish a complete and fair medical compensation system.