長照機構約束之法律議題【醫事法學教室】 試閱
On Legal Issues of Long-Term-Care-Organization in Respect of Restraint
長照機構如對住民施以約束，應符合約束要件，於約束過程中，亦應依約束準則為之，始能確保住民之安全與舒適。本文擬介紹一則長照機構未依約束要件約束住民，致住民受有損害，而應負消費者保護法第7條無過失責任之判決。本件爭點涉及約束要件為何？約束準則為何？亦涉及長照機構是否有消費者保護法第7條無過失責任之適用，本文擬藉此判決探究之。
In order to ensure the safety and comfort of the residents, a long-term-care organization should meet the requirements of restraint and should follow the criteria of restraint in the process of restraint. In this article, it would to be introduced that a case in which a long-term-care organization failed to comply with the restraint requirements and restraint criteria, resulting in damage to the residents, and should be held liable for no-fault service according to paragraph 7 Consumer Protection Act. The legal issue in this case involves the elements of restraint and the criteria of restraint, as well as the applicability of paragraph 7 Consumer Protection Act to the organizational behavior of a long-term-care organization.
113-118
