醫療機構委由保險業者提供關懷服務之妥適性【月旦時論】 試閱
Appropriateness for Healthcare Institutions to Delegate the Provision of Caring Services to Insurers
醫療事故預防及爭議處理法規定醫療事故發生後,99床以下醫院及診所得指定專業人員或委由專業機構、團體執行說明、溝通,並提供協助及關懷服務。然醫療事故說明內容必定涉及病人隱私,若委託非醫療機構所屬之專業人員或專業機構、團體為之,應屬委任契約,受託者得以收費,更須負保密義務。若醫療機構或醫事人員有投保醫責險,因調解過程須保險業者參與,並由其負最終理賠責任。因此,關懷服務委由保險業者為之,應更為恰當。
According to the Act on the Prevention of Medical Incidence and Settlement of Disputes, hospitals and clinics with fewer than 99 beds must designate professionals or appoint professional organizations or groups in the event of a medical accident to carry out the following: explanations, communication and the provision of assistance and care services. It is essential that the content of any such explanation is involved with the patient’s private sphere. In the event that the explanation is delegated to professionals or organizations external to the medical institutions, a contractual agreement should be established, entailing the right to levy a fee and the obligation to maintain confidentiality. In instances where the medical institution or its personnel have obtained medical liability insurance, the mediation processes necessitates the involvement of the insurance company, which assumes responsibility for the final settlement of the claim. Consequently it is more appropriate to entrust the care service to the insurer.
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