【論文摘要】Analysis of Lawsuits in Physical Therapy Practice

【論文摘要】執行物理治療業務之訴訟分析

陳柏禎(Bo-Jhen Chen)

《物理治療》 47卷4期 (2022/12) Pp. 298-299

https://doi.org/10.6215/FJPT.202212.O28

摘要

Background and Purpose: Healthcare providers are obligated to comply with the ethics of conduct and government's laws and regulations. Malpractice would result in penalty or lawsuit alleging. As the scope and workplace of physical therapy practice expands rapidly in recent years, all practitioners shall be aware of associated litigations. The paper aims to throughout examine the documented lawsuits in our country. Methods: The search was performed on the Law and Regulations Retrieving System of Judicial Yuan in Taiwan from inception to May 15, 2022. Keywords used were ＂physical therapy＂, ＂physical therapy technician＂, and ＂physical therapists act＂ in Chinese characters. Trials involved qualified therapists or unqualified litigants violating the civil, criminal, and administrative laws were all collected if eligible. The content of judgment and procedural history in all courts were summarized. Results: A total of 542 cases were initially identified. After abstract and full-text reviews, 38 independent judgments included one ongoing appeal were analyzed. Of which, medical negligence involved physical therapists or physicians accounted for 16 (42.1%) cases, with 9 (23.7%) harms committed by unqualified litigants. For compensate for the injury on physical therapists, 9 cases were sued for civil law and 5 for criminal law, respectively. There were 6 (15.8%) labor disputes about payment. And 5 (13.1%) cases were administrative procedures related to registration or reimbursements. In addition, sexual harassment in 2 (5.2%) cases was noticed. Conclusions: Medico-legal issues were the commonest causes therapists encountered. Other legal claims could also be demanded if not being aware of. The defendant may meet fine or even imprisonment once found guilty. Clinical Relevance: Physical therapist shall respect their liability and be law-abiding during practice. The legal duty applies for both employers and employees to ensure quality and safety of practice.