醫療法第82條修法後實務之應用──以刑事判決為中心【本期企劃】 試閱
Application of Paragraph 82 Medical Care Act after the Amendment : Focus on Criminal Law
醫療法第82條修正後，將刑事醫療過失責任之要件予以明確化、合理化，對於刑事醫療過失責任之判斷，具有相當意義。然本文認為上開多元判斷標準早於修法前即已作為刑事醫療過失責任之認定標準，醫療法第82條修正毋寧係將向來散見於最高法院判決認定刑事醫療過失之標準統整後再加以明文，難謂因醫療法第82條修正而限縮醫師之醫療刑事過失責任。然而，隨著醫療法第82條修正，實務上逐步引用上開規定作為刑事醫療過失責任之多元判斷標準，相信能使刑事醫療過失責任認定及論述更為全面完整。
After the amendment of paragraph 82 Medical Care Act, the elements of the criminal medical negligence are clarified and rationalized, which is of great significance to the judgment of liability for the criminal medical negligence. However, in the opinion of this essay, the above-mentioned multiple judgment standards have been applied as the criteria for determining criminal medical negligence liability before the amendment, and the amendment to paragraph 82 of the Medical Care Act is rather to standardize the criteria for determining criminal medical negligence that have been scattered in the Supreme Court’s judgments and then expressly stated. With the amendment of paragraph 82 of the Medical Care Act, the above provisions will be gradually applied as the multiple criteria for determining criminal medical negligence liability, which is believed to make the recognition and discussion of criminal medical negligence liability more comprehensive and complete.
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