A Comparative Study between Team-work Care Mediation and Restorative Justice in Taiwan

• Main Authors: CHI,WEN-CHING, 紀文晶
• Other Authors: YANG, CHUN-CHIH
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/44kjmf

碩士 === 國立高雄大學 === 政治法律學系碩士班 === 107 === A Comparative Study between Team-work Care Mediation and Restorative Justice in Taiwan Advisor：YANG, CHUN-CHIH, Ph.D. Institute of Economic and Financial Law National University of Kaohsiung Student: CHI,WEN-CHING Institute of Government and Law National University of Kaohsiung ABSTRACT The advancement of medical treatment has given the patients and their family higher expectations in the course of treatment, the performance from the medical staff and medical institutions, but there are still some unexpectable limits in the process of medical treatment, hence the death or the physical and psychological disability burden come when expected response unobtainable or treatment results fail. On the other hand, the medical professions as well as not only facing extream stress of possible legal penalties, high amount of consequential damages, social critics and colleagues reserved support but also their responsibility to protect their family when clinical medicine disputes occur. And yet how fair on both parties can be treated and achieved when medical disputes occur? From what consequences could the society, the medical professions and the patients suffer? Medical care is lifesaving, emergency and comforting care professions and there are always still some risk and uncertainties existed. In the case of stressful medical disputes, increasingly medical professions and patience both will be under differentiating pressures, hence can we avoid and manage to not let the unfortunate medical outcomes to cause more destruction to both sides? From observing and analysing the medical lawsuits from the past, the results often showed unfavourable either to the medical professions or the patients. Therefore, perhaps a win-win situation can be attained when the medical professions and the patients willing to join the table holding a sincere conversation, expressing feelings, reviewing and explaining the issue, and so to resolve the dispute in a civilized comforting peace for both parties. This thesis aims to explore whether negotiating or litigating is the only access when medical disputes occur in order to earn the ultimate justice? Perhaps there is a more suitable way to bring the medical dispute to a successful close in a hearty approach and to reconcile the stressful tortures of the lawsuits between the medical professions and the patients, and of course the families. Within the risks and the limits of medical treatment complication results, if regaining trust, we again are able to bring the two parties to join the table, holding a sincere conversation, giving all-around assistance, fulfil the needs of both side, eventually leading the whole disputes into a reconciled and trauma repairing caring, and so again they all can return to their life in society with confident and gratefulness. The theme of this thesis is that I will use the methods of the "individual case study", "documents reviewing " and "interview" to comprehensively summarize. As well as there will be a discussion of the cooperative works in the author's professional field, where reformation projects of the mediation and litigation cases in the Ministry of Health and Welfare; team up a "caring unit" and to analyze the effectiveness of this mediation co-working model in a lawsuit settlement. This thesis also will explore the concept of combining the restorative justice and applying it to the level of clinical disputes in clinical practices, investigating the leverage and incapacity to understand if this model has the potential to be promoted, so as to forward the relevant suggestions and expectation to continue to collaborate with government agencies and medical peers to make the medical disputes no longer only to find its justice in courtrooms. Keywords: Medical dispute，Team-work Care Mediation Restorative Justice， Alternative Dispute Resolution