醫療事故預防及爭議處理法對於醫療糾紛之影響

The Impact of the Medical Accident Prevention and Dispute Resolution Act on Medical Dispute

醫療事故預防及爭議處理法規範二項客體醫療事故與醫療爭議，前者由於定義之故容易造成醫療機構通報即自證己罪之陷阱，後者則以強制調解作為訴訟外解決醫療爭議之道，而為了達成強制調解之成功率，引進醫療爭議諮詢及評析制度，使當事人不致盲調，且在要求當事人應到場、專業人士得列席陳述意見、調解委員得提供調解建議意見，以及醫療機構不得妨害所屬人員，進行或成立調解等配套措施，助長各別調解成立之可能性，可能造就醫療機構獨立負擔監督管理之組織過失責任，完成醫療法第82條第5項立法理由中所說明，醫事人員所負之責任應小於醫療機構之要求。

The Prevention of Medical Incidence and Settlement of Disputes Act (PMISDA) regulates two objects: medical accidents and medical disputes. The former, due to its definition, can easily lead to a trap of self-incrimination for medical institutions when reporting. The latter adopts mandatory mediation as a way to resolve medical disputes outside of litigation. In order to achieve the success rate of mandatory mediation, the PMISDA introduces a medical dispute consultation and evaluation system to prevent the parties from blindly mediating. In addition, the PMISDA requires the parties to attend the mediation, allows professionals to attend the mediation to present their opinions, allows the mediation committee to provide mediation suggestions, and prohibits medical institutions from obstructing their employees from participating in or establishing mediation. These measures help to increase the possibility of individual mediations being established, which may lead to medical institutions independently bearing the organizational negligence liability for supervision and management. This completes the requirement stated in the legislative reason of Article 82V of the Medical Law, which states that the liability of medical personnel should be less than that of medical institutions.