英文摘要 |
The Ministry of Health and Welfare started implementing the Encouraging Medical Institutions to Manage Birth-Related Dispute Incident Pilot Plan in the beginning of 2012, which gave priority to promoting relief for birth-related incidents. Since then, there has been a significant reduction in birth-related litigation, from 30 cases in 2011 down to an average of 8.5 (decrease of approximately 72%) cases per year. However, the standing to file a claim does not rest in the patients or their families but with the medical institutions that perform the delivery, a drawback that causes distress and should be amended. The Ministry of Health and Welfare has sent a draft legislation of the Medical Malpractice Dispute Resolution and Medical Incident Compensation Act to the Legislative Yuan to be debated. The Act allows for private expert determination and mediation during the medical dispute and reduces its criminal nature. In terms of medical incident compensation, it replaces judicial compensation with administrative compensation. This article argues that incident compensation and the use of a medical incident compensation fund to cover all incidents are too costly and inappropriate; using a relief fund, however, is doable given the current infrastructure and can address the problem of medical risk. As for medical malpractice, the enforcement of physician liability insurance would allow the victims to be justly compensated. |