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asbryobvrz · Wysłany: Pon 13:52, 14 Mar 2011

Taiwan judicial and legislative trends of medical disputes

Line work can not guarantee success, success or failure in non-human can not control, so only require the best of the hospital level,[link widoczny dla zalogowanych], physicians, etc. integrated level made up § subjective unity. 2, the burden of proof scholars believe that in fact the victims of a lack of specialized medical knowledge,[link widoczny dla zalogowanych], and the identification of medical accreditation bodies as the National People's Congress are physicians, so the weak position of victims in lawsuits, difficulties of proof. Achieving procedural justice for the partial transfer of the burden of proof should be on the physician, who shall prove that he has done all the 3, the reform of medical accreditation bodies, to increase the credibility of Taiwan's legislators believe that the world generally have the following to resolve medical disputes: ① ② jury Phoenix compulsory arbitration experts ③ ④ administrative intervention. As Taiwan has become a medical evaluation committee of the convention, but also common law, it should not be used above ① ③ ④, can only reform the existing institutions, the medical evaluation committee to increase consumer associations and family associations and other representatives participating from I1. 4 , share the damages of social legislation at the beginning of Taiwan scholars have proposed liability insurance as compensation for machine ① ② ③ social insurance patients compensation fund. It is based on that the community has begun to take a 'risk sharing welfare porphyrin, namely, personal hygiene, including in the high-risk, or may experience difficulties due to the unknown of the technology life of injury, and other major disasters, should be shared by the whole sharing (such as automobile liability insurance, etc.). As the complexity of modern medicine, many adverse consequences could not be avoided by modern means, the responsibility should not be to rescue the doctor or hospital burden shared by all citizens (fault liability insurance aiming. At present, Taiwan has emerged medical liability insurance (f fork limited to negligence), mainly to buy their own by a physician, medical negligence, when it appeared on behalf of the insurance company to pay the cost, while the insurance company lawyers to provide consulting services to policyholders. As Taiwan is now implemented is the advocated the establishment of compulsory medical liability insurance premiums by the government, all physicians must be purchased. 5, medical dispute resolution doctrine of the bill showed the following trends: medical malpractice litigation before the competent authority must, through the Department of Health, prosecution of the law shall not be mediation, the mediation fails between doctors and patients may apply for arbitration or prosecution, the same conclusions of law the arbitration decision, both sides must accept that after the implementation of mediation or arbitration the parties may waive or reduce criminal responsibility. we can see that the legislation adopted in Taiwan policy of maintaining harmonious relations between doctors and patients, through the mediation and to encourage arbitration, limiting medical lawsuits tend to its value. 6,[link widoczny dla zalogowanych], medical civil litigation than criminal needle Fun sealed proceedings before the judiciary in Taiwan directly involved in criminal cases set a precedent for the protection of the interests of physicians, the Act provides as follows: , as appropriate, SUI cable stop reconnaissance or trial criminal liability physicians generally believed that the tendency of civil law, medical malpractice, negligence is a business,[link widoczny dla zalogowanych], general business negligence than ordinary negligence with malignant large subjective, but as a high-risk conditions, medical negligence is an exception, Western countries handling of medical negligence, accidents, etc. are taken to other businesses than the fault of the attitude is more wide. Germany, Japan and other countries that the criminal law field, and allow reasonable reliance on the principles of risk, medical error should be reduced or exempted from criminal responsibility. Mainland China before the promulgation of the new Criminal Law,[link widoczny dla zalogowanych], MD, scholars have criminal liability sub-look