Ministry of Justice's Perspectives on the Amendment of Article 82 of the Medical Care Act
陳明堂(Ming Tang Chen)
醫療法 ； 醫療糾紛訴訟 ； 醫事責任認定 ； Medical Care Act ； malpractice disputes ； determination of the criminal responsibility in malpractice cases
|Volume or Term/Year and Month of Publication||
23卷4期（2019 / 07 / 25）
460 - 465
In order to clarify the standard to determine the criminal responsibility concerning medical practices, article 82 of Medical Care Act has been amended: only when the medical practices, which breach medical due care and go beyond the reasonable exercise of professional clinical discretion, can the medical personnel who made such practices be blamed. This amendment specifically indicates that professional clinical discretion, guidelines and clinical diagnosis are the basis of evaluation. Such evaluation standard corresponds to the standard to determine the criminal responsibility of medical personnel. Analyzing the statistics before and after this amendment, the number of cases, which the medical personnel been charged of offenses of negligently causing bodily harm or causing death due to negligence, has shown a tendency of decline. It indicates that the prosecutors have started to determine the criminal responsibility of the suspects in malpractice cases with a stricter standard. It is to believed that such development of criminal procedure can help avoiding defensive medicine and reducing the loss of personnel in the departments with threat of malpractices litigations, such as division of surgery, obstetrics and gynecology, etc. This amendment also has shown the positive meaning of rationalization the criminal responsibility of medical personnel.