醫事糾紛鑑定應有的認知基準與流程

The Necessary Cognitive Basis and Process in Accreditation of Medical Disputes

近年來的醫療訴訟判決屢受醫界質疑不公，加以賠償金額屢創天價，導致醫學生畢業後避免選擇高風險的急重症專科，已對臺灣的整體醫療環境產生了重大的影響。面對這項嚴峻問題的根本原因，可指向做鑑定的醫事人員未能瞭解醫事法學的邏輯，而造成鑑定的不一與延宕。本文為促使醫事人員對醫療事故有正確清晰的認知，更為讓做鑑定的專家或機構有可遵循的脈絡，故說明「醫療學術鑑定」與「醫療過程鑑定」的應有的流程基準與分級，以期解決醫事鑑定的紛歧。

The judgements of medical lawsuits have been thought to be unfair by medical personnel during recent years in Taiwan. Furthermore, the amount of compensation to be record was breaking price. These factors that influence medical students to avoid choosing to specialize in emergency and critical care with high risk after graduating has severely affected behavior and ecology in medical practice in Taiwan. When faced with the root causes of this serious problem, it can be directed to medical staffs being unable to truly understand the logic of medical jurisprudence, which leads accreditation of medical disputes to be divergent and delayed. The purpose of this article is to drive medical personnel to truly understand what is the medical incident, and further make the experts or institutions in charge of accreditation on medical disputes follow the logic rule of medical jurisprudence. Therefore, the necessary cognitive basis and process in the accreditation of medical incident about academy and medical incident about procedure were clearly described and explained in order to resolve the divergent accreditation of medical disputes.