| Summary: | 碩士 === 東吳大學 === 法律學系 === 104 === In consideration of the specialty and particular of medical treatments, the medical staffs usually execute the medical treatments to accompany unexpected accidents which we heard from time to time. The unexpected accidents cause the tense between the medical staffs and the patients. It also brings up the issues with the defense mechanism. To discuss whether medical organization and medical staffs need to take the responsibility of the damages?
Since the Consumer Protection Act released in 1994, the Act has taken no-fault responsibility. Except the law does not declare clearly, whether or not the proper Act of Consumer Protection Law is applicable for the medical treatments? On February 5, 2003,new revised medical law added paragraph 2 of Article 82 expressly stipulates that medical institutions and medical personnel cause the damage in patients because of the business execution must take on the negative damage liability, excluding the intention and demerits. Is it possible that the paragraph 2 of Article 82 of the new revised medical law is applicable with the Consumer Protection Act excluded? Or is it possible that the current Consumer Protection Act don't apply to all medical behaviors in all medical institutions?
"Medical Treatments " and "Consumer Medical Treatments " are not necessarily mutually exclusive and incompatible. In Aesthetic Medicine treatment in terms of Similar Medical Treatments concerned, on the one hand, it is the use of medical technology and medical expertise, it may pose a risk of harm to the human body, and therefore they still need to be included in the Medical Care for the specification of the management of medical behaviors and medical affairs.
But on the other hand, it belongs to non-therapy of unnecessary medical requirement; the behaviors of consumption and making profit are similar. Based on its behaviors and the goal of law to protect the relatively disadvantage consumers, it should also be brought into Consumer Protection Act. In order to obtain consumer trust, establishing mechanism of enforced medical insurance, dispersal of medical risk effectively as well as medical appraisal is necessary to consider in the long run.
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