Translated Titles

The Significance of Article 82 of Medical Care Act on Clinical Medical Practice




吳欣席(Hsin-Hsi Wu)

Key Words

醫療法82條 ; 醫療糾紛 ; 防禦性醫療 ; 臨床裁量權 ; 醫療常規 ; Medical Care Act Article 82 ; medical disputes ; defensive medicine ; medical discretion ; medical custom



Volume or Term/Year and Month of Publication

23卷4期(2019 / 07 / 25)

Page #

453 - 459

Content Language


Chinese Abstract


English Abstract

The amendment of Medical Care Act was implemented at the beginning of 2018. It had been an hard work of the medical community for 18 years before its implementation, and the new law not only adds many necessary conditions for the determination of the criminal responsibility of medical personnel but also asserts clearly the civil liability of medical institutions. Many of these changes remind us to closely observe the impact of the follow-up, whether it is in the subsequent legislation of the relevant bills, as well as the outcome of criminal or civil cases thereafter, which is a crucial part. It is hoped that through this amendment, a new era of mutual trust between doctors and patients in Taiwan will be started. In addition to reducing medical dispute cases, the waste of time and money due to defensive medicine and lawsuit can also be reduced, doctors can focus on providing healthcare, and medical personnel shortage of emergent and critical care can be eliminated. Finally, it would be expected that medical quality of care and satisfaction of the populace in Taiwan will be further improved by the amendment of the Act.

Topic Category 醫藥衛生 > 醫藥衛生綜合