論我國醫療糾紛的民事責任

Medical Malpractice Disputes/Lawsuits in Taiwan

隨著醫病關係的緊張，醫療糾紛在現今社會日益增加，傳統處理醫療糾紛的範圍界定、過失責任與訴訟程序的舉證責任均存在對病患不公之情況，也顯現出現行法律規範上的不足。故本文認為醫療糾紛應擴大其適用主體的範圍，不限於具有醫療專業證照的醫護人員才為歸責的對象，凡執行醫療行為之人於故意過失侵害病患身體、生命權益時，即須負民事損害賠償責任；同時在民事過失責任原則上，因須對於行為人主觀責任負舉證之責，如此運用於醫療糾紛時對病患並不公平，故在過失責任部分應修正為推定過失，進而要求在民事舉證責任轉換由醫護人員先負舉證本身並無故意過失，以確保醫療人權之公平正義。

In Taiwan, as the relation between medical professionals and the patient changes, medical malpractice disputes/lawsuits are increasing. The traditional theories Taiwanese judicial system has been used to process the lawsuit/dispute are now considered unfair to the patients, such theories including the definition of medical malpractice, presumption of innocence and burden of proof. The current Taiwanese laws don’t do enough to protect the medical malpractice victims. This author suggests that it should not be so difficult for the victims to claim medical malpractice against medical professionals. The laws not only should be applied to the licensed professionals but also to whoever provides medical treatments. Those who, with or without licenses, practices or provides medical treatment and harm patient’s body or rights should be held responsible. Patients should be able to file civil lawsuits and entitled to reasonable civil compensation. Under the Presumption of Innocence, the burden of proof is on the plaintiffs/patients. The patients have to prove medical professionals have violated their rights. This puts malpractice victims in a disadvantage situation. To better protect patient’s human rights, the author suggests the Presumption of Guilt could be used, and the burden of proof should be shifted to the Medical professionals. Medical professionals who usually have more medical knowledge should prove their medical activities are appropriate and don’t violate patients’ right intentionally. By doing this, author believes patients’ human rights could be better protected.