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The Legal Policy of Medical Dispute Resolution in Taiwan: Focused on the Article 82 of the Medical Care Act and the Draft of the Medical Accident Prevention and Dispute Resolution Act
Medical Dispute,Article 82 of the Medical Act,Medical Criminal Responsibility,National Compensation,Social Risk Sharing Theory,
|Publication Year :||2020|
Since the Healthcare in Taiwan (National Health Insurance) has been implemented in 1985, medical relationship has gone through qualitative changes due to the increase in the quantity. In the 1990s, a great number of remarkable medical disputes occurred. In 2010, medical relationship worsened drastically, and the number of medical dispute legal cases reached its peak, leading to doctors’ unwillingness to practice medicine in high-risk departments. Physician shortage occurred in four major medical departments: Department of Internal Medicine, Department of Surgery, Department of Obstetrics and Gynecology, and Department of Pediatrics. In addition, medical profession’s adoption of defensive medicine has made Taiwan society pay a high price because of medical dispute.
On December 29th, 2017, the “amendment to Article 82 of the Medical Act” passed by Legislative Yuan was considered as the response to the appeal of “rationalizing criminal liabilities in medical procedures” raised by the medical profession. At the end of the same year, 10 years after Taiwan has first started to discuss “Medical Dispute Resolution Policy”, “the Draft of the Medical Accident Prevention and Dispute Resolution Act” reached the Legislative Yuan again. However, due to the “non-carryover principle” on unpassed bills, there has not been any further progresses since May 2018.
This article will discuss the medical dispute criminal policies in Taiwan and other countries, and the concepts of “national compensation” and “social risk sharing policy”: Medical accident is the realization of medical risks that cause physical damage to patients. Compensation on damage should not be borne by either side of the medical practitioner or the patient. It should be supported by the whole society.
This article suggests adopting “hybrid system of medical compensation” as the damage compensation system during the transitional phase, before medical dispute legislation being fully established in Taiwan. The purpose is to resolve dispute and compensate damage, and through the implementation of national compensation on significant-risk diseases, establishes the concept of “social risk sharing” and the consensus of establishing compulsory medical insurance in the future.
|Appears in Collections:||事業經營法務碩士在職學位學程|
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