醫療糾紛及醫療事故補償法草案評析

Comments on the Draft Medical Disputes and Medical Malpractice Compensation Act

醫療糾紛為病人認醫療行為有不良結果，而應由醫事人員或醫療（事）機構負責所生爭議。草案所定醫療糾紛，係屬病人對於醫事人員或醫療（事）機構之私權爭議，傷亡結果與醫療行為間具有因果關係。近年來醫療糾紛逐漸增加，漫長之訴訟程序對於任何一方皆是折磨，甚至造成醫界恐慌。有鑑於此，衛生福利部提出醫糾法草案，內容主要希望以行政補償方式減少醫療訴訟，然醫療糾紛本質及特性，基於憲法第十六條訴訟權制度性保障，恐有疑慮。

Medical disputes of medical practice for patients to recognize a bad result, but by medical personnel or medical agency to responds for dispute. Draft set of medical disputes, the Department of private rights as a patient for medical personnel or medical controversy (thing) institutions, among casualties result and medical practices have a causal relationship. In recent years, increasing medical disputes, long the proceedings for any party are all suffering, and even cause panic in the medical community. In view of this, the Ministry of Health and Welfare Medical correcting draft law, mainly hope to compensate for administrative means to reduce medical litigation, however the nature and characteristics of medical disputes, based on Article 16 of the Constitution guarantees the right of action system, fear of doubts.