醫師與社會──和信醫院蔡哲雄師之訪談

A Visit with Dr. Tse-Hsiung Tsai

因為蔡醫師上醫學院時剛光復不久，因此諸多制度依然承襲日本，舉例來說，就像醫師的學制，跟現在有著迥然不同的差別，因為是走日本制度，類似學徒制，在日本的醫院裡面，每個科別都有相當的自主性。科內的領導是教授。在台灣，或許可以在同一個科裡面擁有好幾個教授，副教授，或者助理教授但是在日本，每個科只能有一個教授，一兩個助教授，幾個講師，此外便是幾個助手，以及一般的陽春主治醫師。因此蔡醫師也打趣的說跟對教授很重要，因為一科就只有一位而已。

In recent years, the topic of medical disputes has attracted significant attention from Taiwan’s medical, legal, and medical sociology. The primary reason for this is that the public has an increased awareness of legal matters, as well as knowledge that incidents are settled according to law; this has created a situation in which medical disputes and civil proceedings and criminal proceedings have become normalized. This has made it impossible for medical professionals to receive protection during their work and has created a medical crisis. Although Taiwan’s Executive Yuan published a draft of the Medical Dispute and Medical Compensation Act in December 2012, it has yet to become law. Currently, medical litigation must be settled according to tort law. In order to explore how to resolve the potential for legal quagmires related to medical disputes that the current system may bring about, this paper reports research on United States institutions as a means for understanding the historical development and reform of American medical tort law. This includes the determination of an improved and more favourable system. It is our hope that this research can serve as a useful reference for Taiwan.