| 英文摘要 |
This article analyzes the situation of medical malpractice now in Taiwan. It could be concluded as bad doctor-patient relationship, multiple options, and difficulty in building a specific law. In terms of medical malpractices resolutions in Taiwan, there are two directions called the litigation process and alternative dispute resolution, which both have their pros and cons. The purpose of this article is to analyze professional personnel's assisting position when implementing medical assistances based upon their position and responsibility. Under doctors' instructions, nursing personnel assist doctors to implement medical behavior. Nursing personnel are not seen as clinical assistances, their behaviors aren't suitable to be viewed as implementing medical practices. Therefore, their actions won't be punished. Using administrative regulations rather than law to adjust the differentiations between doctors and nursing personnel has the advantages of flexibility and time concerns, etc. But, this way influences the clear line between doctors and nursing personnel. When both doctors and nursing personnel face medical malpractices, the chances to have guilty punishments are high, thus further doctor-nurse-patient relationship is damaged. This article puts emphasizes on the expanding trend and drafting ways of medical assistances. When medical institutions deal with risk management and doctors and nursing personnel evaluate medical malpractices resolutions, the importance of nursing personnel's positions won't be ignored. |
