英文摘要 |
Litigation on medical malpractice involves alternation of entity and procedures. The study aims to have an investigation on the status quo of practice with an attempt to research “appeal rate” and “consistency” respectively based on the development of appeal procedures. According to statistics, appeal rate for winning lawsuit by patient is approximately 50.5% in the first instance and 36.9% in the second sentence, while that by practitioners owns appeal rates of 34.4% and 23.5% respectively. Extended from such, if the winning lawsuit is appealed for revivor, the consistency of the second instance and the judgment at third instance or beyond are 67.7% and 93.8%, in comparison, that of practitioner winning lawsuit are a staggering 92.7% and 97.4%. As this article concerns, reasons for the gap existing in former’s appeal rate, other than the difference of motives for filing lawsuits by practitioner and patient parties, the major reason is that the court cost will be charged in civil procedures. Generally, the entire process is completed by attorneys instead of investigations raised by prosecutors which can secure evidences. Such situation represents a higher procedure threshold than appeal to criminal procedure and the party involved often considers costbenefit and therefore making corresponding decisions. As for the uneven consistency by the latter, in comparison with the past empirical results, it’s not difficult to notice that the uneven consistency shares a high level of similarity with distribution of assessment consistency. The fact cannot only serve as a proof that, as the medical litigation has been developed from the past to present, negligence attribution judgment with assistance of request assessment for clarification has become a indispensable operation, and, furthermore, that transactions of medical harm or occurrences and its cause and effects is rather intricate, difficulties will often take place at case solution. If reflected to practice of litigation, the court sentence is influenced even without the emphasis of implement adversities in medical dispute assessments, and it’s long-standing. |