| Summary: | 碩士 === 開南大學 === 人文社會學院法律碩士在職專班 === 105 === With the development of science, the progress of society, and the strengthening of people's legal consciousness, it has gradually become common sense for people to protect their legitimate rights and interests with legal weapons. In contrast, school nursing staff members have not fully recognized the various aspects of legal problems in nursing work. As a result, nursing disputes in schools seem to be increasing day by day. Therefore, our research topic, “A Study on the Legal Responsibility of Nursing Staff in Public Schools,” attempts to explore the legal responsibility problems of nursing work in public schools, based on the identity of school nursing staff members, with the hope of understanding the problems and seeking solutions. Based on the literature, this paper first discusses the basic concept of school nursing, which is used as the first theoretical basis of legal responsibility analysis, followed by explanations on the connotation of rights and obligations, which are used as the second theoretical basis; then, the meaning of legal responsibility is described, which is used as the third theoretical basis. Secondly, this paper clarifies the legal status of nursing staff members in public schools as the precondition for a discussion on legal responsibility and lists the rights and obligations arising from their identity, thus forming the basic legal relationship. Thirdly, this paper analyzes the attribution of legal responsibility to their statutory duties and discusses their legal responsibility based on the legal problems that were caused by judicial judgment on their profession in school nursing disputes.
According to the case judgments in this paper, we found that in school nursing work, the most probable and frequent occurrence is civil action; for legal responsibility involving the violation of civil law, the occurrence of civil liability was no more than acts of infringement. In theory, it is also possible for nursing staff members in public schools to be guilty of criminal liability because of their status as civil servants: the most probable offence is professional negligence. Secondly, in addition to the administrative responsibility according to the Nursing Personnel Act, Emergency Medical Services Act, and Communicable Disease Control Act, nursing staff members should also take administrative responsibility in accordance with the Performance Evaluation Act for Teaching and Administrative Staff in Public Schools, Civil Service Disciplinary Code, and Civil Service Act. In case negligent or willful damage is inflicted on the rights or interests of others, the victims may ask the state for compensation; nursing staff members in public schools are also liable for civil compensation according to law. Generally speaking, school nursing work involves a certain degree of risk; hence, if there is damage, the victims can seek legal remedy by claiming compensation for acts of infringement. Therefore, nursing staff members in public schools must understand their responsibilities and pay careful attention to their duties, so as to avoid compensatory liability.
Finally, based on numerous research studies, this paper analyzed and summarized our conclusions according to the main points. Our findings can be used as a guide for the practical applications of nursing staff members and as a reference for government officials and researchers in future.
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