dc.description.abstract | According to the rapidly evolving of surgical new techniques and artificial
implants, it was said that the 21st Century would prolong life expectancy. However,
surgical disputes evaluation system covering surgical practice in nontraditional
roles( e.g. new techniques trial, artificial implants risks, usage evaluation) was not
well developed in Taiwan. Our government had different rules about surgical disputes.
In 1991 Chen et. al reported that doctors paid more than 270 million NTD to their
patients for the disputes. Professor Chen also reported defensive medicine the
percentage of defensive medicine increase because of rules uncertainty. If
Taiwanese wanna develop new rules to clarify surgical disputes in Taiwan. It is
necessary to review the surgical disputes in the recent years.
In this plan, we analysis the recent five years surgical disputes at the medical
centers and procenter in the north and middle part of Taiwan, and Taiwan Surgeon
association. About 54 cases was found with surgical disputes. Age, sex, severity of
diseases, surgical damage classification, suing timing, suing cause, external force
involving, plural causes, truth- consequence, result of the doctors under surgical
disputes ( civil liability and criminal responsibility, money paid, time wasting,
gansters involving ), result of the patients were recorded for statistic by the SPSS
software.
In this study , legal disputes caese analysis showed the average age of the
patients was 51.7 year-old ( 0.8 to 89 year-old), sex ratio was 1.25 ( male : female =
55.6: 44.4 ) , most family had overweight effect about surgery ( health self-evaluation
61.1%, sue motive 64 % ), most family asked money compensation(40%) , lawmakers
involving for the compensation over 50% ( 53 %); questionnaire included
Taiwanese folk 863, legal workers 340, and surgeon 857 . Negotiation was the
favorest option for Taiwanese folk and surgeons.
In conclusion, most surgical disputes in the recent 5 years might be related to
recognition difference and lawmaker involving the compensation procedures. The
questionnaires showed enforcing negotiation mechanism was the favorest option for
our Taiwanese folk and surgeons. | en |