The application of Business Judgment Rule of US Corporation Law in Medical Malpractice Disputes - the feasibility of Medical Judgment Rule

• Main Authors: LI, CHIEN-YU, 李建裕
• Other Authors: Lin, Hsin-Fa
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/978a6z

碩士 === 銘傳大學 === 法律學系碩士在職專班 === 104 === Medical malpractice disputes have become topics of news recently. Young doctors change their favorite subspecialty into low risky ones due to Taiwan unfriendly medical circumstance. The mental stress of medical lawsuit bring defensive medicine more popular. The reasons why medical malpractice disputes become ubiquitous are raising awareness of medical issues and having courage to fight for rights. The opposition of doctor-patient relationship make medical circumstance worse. Besides criminal law, with the support of public power and civil law, medical caregivers become more vulnerable and helpless. Our health care environment will collapse if medical caregivers keep focus on defensive medicine other than patient’s maximal benefit. US Corporation Law exists similar consideration on business management. The application of“ Business Judgment Rule”on medical malpractice disputes could be useful for Taiwan's legislation to solve this complicated situation.