Research on Compulsory Medical Liability Insurance: nalyzing the Draft of Compulsory Medical Liability Insurance Act from the Perspective of Law-making
Date Issued
2009
Date
2009
Author(s)
Chen, Wan-yu
Abstract
The advance of medical technologies, the diversity of medical behaviors and the enhancement of citizens’ legal knowledge all lead to the increase of malpractice lawsuits. Malpractice lawsuits usually derive from the unexpected or unwanted outcomes. Whether the doctor or hospital is negligent is usually the key question in a malpractice case. If we cannot handle the question based of the features of medical behaviors, it is highly possible that there will be untrustful relationships between doctors and patients, or the defensive medicine. As a result, how to resolve the malpractice cases effeciently and peacefully shall be the problem worth a lot of concerns. In Taiwan, patients usually solve malpractice problems through litigations. However, litigations have a lot of problems, such as the difficulty for the patient to prove the negligence of the doctor, or the tremendous pressure for the doctor to face the risks of being sued. Although there are voluntary medical liability insurance sold in Taiwan, the comparatively low percentage of buying this insurance makes it unable to improve the drawbacks of mediacal lawsuits mentioned above. Therefore, it is necessary to enace the Act of Compulsory Medical Liability Insurance for the benefits of broadening the insurance coverage, enhancing the acceptance of the medical liability insurance and strengthing the function of spreading risks. In elaborating how to enact the Compulsory Medical Liability Insurance Act, thos this thesis refers to other relevant medical compensation or insurance schemes in the world, such as the Virgina Birth-Related Neurological Injury Compensation Program, the Patient Injury Act in Sweden, the Injury Prevention, Rehabilitation and Compensation Amendment Act (2007) in New Zealand, the National Health Service Indemnity in UK, and the Doctor Compensation Liability Insurance in Japan. After analyzing the five schems aforementioned, we have learned several important messages. For instance, seeking litigations is not the best way to solve malpractice conflicts. Based on the lessons learned for the comparative methodology made in the previous chapter, the thesis tries to illustrate how to construct a compulsory medical liability system which can appropriately and effectively improve the current problems in Taiwan, by providing concrete suggestions of modifying the Draft of Compulsory Medical Liability Insurance Act. For example, it is necessary to have a simple and rapid procedure for applying for the compensation, and other measures for strengthening the injury prevention function.
Subjects
injury compensation
injury prevention
liability insurance
malpractice suit
compulsory medical liability insurance
Type
thesis
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