醫預法強制調解制度之侷限性與不自證己罪原則【本期企劃】 試閱
Prevention of Medical Incidence and Settlement of Disputes Act: Limitations of the Compulsory Mediation System and Privilege Against Self-Incrimination
醫療事故預防及爭議處理法久經波折終於2024年1月1日上路，然而本法因醫療事故定義延襲未能通過之以補償處理醫療爭議之草案，導致本法處處皆有可能構成自證己罪；另本法以強制調解來處理醫療爭議，但由於非訟化之新制僅少數異於現制，原本草案調解委員得主動提供調解建議意見最後未能入法，可能導致調解無功而虛耗時間。
Although it’s been a long time, the Act on the Prevention of Medical Incidence and Settlement of Disputes has been in effect since January 1st 2024. However, due to following the definition of the medical incidence, the draft of compensation for the medical disputes could be legislated, resulting the absence of the privilege against self-incrimination as outlined in the act. In addition, the settlement is to be compel to solve medical disputes, which causes the non-litigation of the present institution works little. The initial proposal of the settlement committee actively making recommendations was not enshrined in law, resulting in the settlement’s failure and a waste of time.
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