我國醫療事故損害填補擔保法制之研究

Owing to the uncertainty and unpredictability of accidents, there is no warranty system
between victims and inflictors that can compensate victims through negotiation, organization or
arrangement. Consequently, the injuries of victims cannot be met once the accident happens.
Medical accident is a good example for this. Unless the hospitals and doctors are willing to
assume the responsibility, the victims cannot help but to file a lawsuit to get compensated.
Observing the medical disputes cases in Taiwan, we can discover that the victim, physically,
mentally, and even economically injured, is usually faced with a result full of uncertainty and high
possibility of losing, for the lack of money and time to acquire related evidence and information, for
the trivial and complicated expertise appraisal, and for the tedious and tiring legal proceedings.
Knowing that civil lawsuits cannot properly compensate the victims, we drop the traditional
legal thinking of civil liability and put much emphasis on how to properly compensate the injuries
of victims. We explore this issue with considerations of both justice and efficiency and look for the
very system that is sufficient to warrant the injuries of victims to be properly compensated, such as
medical liability insurance, compensation of drug failures and inoculation and special compensation
fund of medical accidents. The advantages and disadvantages of the various systems and the
feasibility in our present society are thoroughly discussed. Last, we also propose some principles on legislative and explanatory aspects.