「醫療事故預防及爭議處理法」之刑事偵查程序【本期企劃】 試閱
Act on Prevention of Medical Incidence and Settlement of Discuptes and the Criminal Investigation Procedure
「醫療事故預防及爭議處理法」於2022年6月22日公布，該法目的為保障醫病雙方權益及促進其和諧關係，並建立妥速醫療爭議處理機制。本文先介紹目前醫療案件一般偵查流程，逐步分析醫療案件於偵查各階段的處理現狀，以及醫療事故預防及爭議處理法施行後對刑事偵查程序之影響，並對該法施行後之法律適用問題提出看法，期待醫療爭訟在刑事偵查程序中能更有效率運作及妥適解決。
This is the Act on Prevention of Medical Incidence and Settlement of Disputes which was promulgated on June 22th 2022, with the aim of protecting the rights and interests of both sides of physicians and patients and establishing a mechanism for the efficient handling of medical disputes. This paper first introduces the general investigation procedure concerning medical litigations, and then analyses the current status of medical litigations at various stages of the investigation, as well as the impact on the criminal investigation procedure after the implementation of the Act on Prevention of Medical Incidence and Settlement of Disputes. In this way opinions could be expressed on the application of the act after its implementation, in the hope that medical disputes in the criminal investigation procedure could be resolved more efficiently and appropriately.
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