| 英文摘要 |
According to the Paragraph 2 of Article 82 of Medical Care Act, the fault liability, but not strict liability regulated by the Consumer Protection Act, applies to hospitals nurses who harm the patients. However, strict liability regulated by the Consumer Protection Act applies to nursing home nurses who harm the patients. The Scope of practice for hospital nurses and nursing home nurses are the same. However, the Consumer Protection Act applies to nursing home nurse but not hospital nurses, and this is unreasonable and requires further discussion. This article intends to discuss whether the strict liability regulated by the Consumer Protection Act applies to nursing home nurses is appropriate, based on the definition of traders, service, consumer, and consuming behavior, as well as from the aspects of risk liability and the purpose of Consumer Protection Act. Finally, the article would make suggestions for the question discussed above. |
