A Study on Criminal Negligence in Medical Cases and Medical Injury Compensation
Date Issued
2009
Date
2009
Author(s)
Liu, Chi
Abstract
In order to deal with medical disputes properly, we have to observe relevant social phenomena. Based on this base, we can point out that medical disputes have not been resolved in a situation of mutual consent. Current legal systems reveal deficiencies as to their actual effect or practicability, this although related norms are in no lack of substance or potential effectiveness. As a consequence, we find the problem being entangled in the legal system. After analyzing and discussing these problems, the thesis suggests ways to revise or establish a more reasonable legal system about medical dispute resolving. In more detail, the first chapter, points out motive and purpose of the study. In the following, we review some important theories, and give definitions or explanations to some major concepts in the second chapter, i.e. implications from the principle that medical disputes shall be solved rapidly, peaceably, and reasonably are explored. Based on this view, in the third chapter, we comment the legal responsibilities of medical malpractice cases in the civil, criminal, and administrative legal systems in Taiwan. Moreover, we review legislation of related systems via their actual effect, to find out whether the distribution of legal responsibilities is reasonable, and helpful to resolve medical disputes or not. In the forth chapter, we take the theories reviewed in chapter 2 as basis to draw out conclusions that are on one hand deduced from the principles in chapter 2 and on the other hand induced from the positive results in chapter 3, using both of these to comment on relevant legal drafts. For the sake of resolving the criminal negligence in medical cases rapidly and reasonably, and adjusting the distribution of relevant legal responsibility, we should propose our suggestions about how to adjust the drafts of criminal code in crime and procedure. We also review the legal draft of “Resolving and Compensation of Medical Dispute Act” and “Resolving of Medical Dispute Code”, to find out whether they are likely to achieve the purpose of resolving medical disputes rapidly and appropriately. Furthermore, in respect of the medical-injury compensation system, we comment on the legal draft of “Mandatory Medical Liability Insurance”. Then we ponder how to build a medical-injury compensation system that is feasible in Taiwan, and help to resolve medical disputes rapidly and peaceably. In the fifth chapter, for completing the analysis of medical dispute resolving systems in Taiwan, we must probe into assistant systems, like medical expert examination, medical record, regulation of the quality of health, and continuous medical education, deploring their shortcomings and give our proposals for improving them. The last chapter is our conclusion. We summarize the analysis of the previous chapters, and put forward our suggestions about relevant systems of medical dispute resolving.
Subjects
Medical Dispute
Criminal Negligence in Medical Cases
Decriminalization
Tä
ter- Opfer- Ausgleich (offender-victim-mediation in criminal cases)
legal responsibility in case of negligence in medical cases
guidelines for medical treatment
Disciplinary System of Physicians
system for resolving of medical disputes
system for compensation of medical injures
Mandatory Liability Insurance for Physicians
Medical Expert Examination
Expert Consolation
Expert Witness
Electronic Medical Record
pluralistic regulatory system for guaranteeing quality standards in medical treatment
Hospital Accreditation
National Health Insurance
Continuing Medical Education
SDGs
Type
thesis
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