| Summary: | 碩士 === 銘傳大學 === 法律學系碩士在職專班 === 106 === Risks exist in all medical treatments or examinations, and more and more patients realize that the doctors are not all right. So the medical dispute in Taiwan became much in recent years. In the past, the rule of the comparative negligence of the patients is rarely used in the judge because the patient was unexpected to have professional medical knowledge. Because the Taiwanese’s education level increased much, the medical knowledge of the patients also improved more and more. Many factors, e.g. outer resources, doctor-patient interactions, have effects on the final medical decision. One of the most important factors is the patient’s cooperation. If the patient had poor cooperation, the responsibility in medical disputes should be balanced in the patients and the doctors.
We try to discuss about the medical interception theory and the comparative negligence of the patients in the court judgments.
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