| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === Medical litigations are characterized by inequity in medical knowledge between physicians and patients, arising from an unequal status between both parties in the trials. As medical disputes are increasing, physicians are faced with both civil and criminal liabilities for medical negligence and tend to practice defensive medicine. Medical disputes resolution under legal system of Taiwan, using civil or criminal litigation to resolve medical malpractice, not only wasted time, but also cost of social and judicial resources. Medical malpractice dispute occurs by using the theories of economic analysis of law, the alternative dispute resolution(ADR) leading to the lowest social cost and further satisfying the efficiency of the social welfate as a whole.
The thesis is composed of the following six chapters:
Chapter 1 Introduction: The motive, purpose, method and scope of research of this article.
Chapter 2 Medical malpractice disputes under the legal system of Taiwans : with focus on civil, criminal, mediation and arbitration aspect.
Chapter 3 Medical malpractice disputes in legal system of other countries : American, Japan, Germany and China regulation for medical malpractice dispute resolution.
Chapter 4 Theories of economic analysis of law : Coase Theorem.
Chapter 5 The economic analysis of Medical malpractice disputes in Taiwans’ legal system : This study did an economic analysis of Medical malpractice disputes under the legal system of Taiwan, ranging from mediation, arbitration to legal accusation, with the guidance of economic theories and methods.
Chapter 6 Conclusions and recommendations of this article.
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