Medical Lawsuits in Taiwan and Japan: A Compare Study of Legal Practices I
The core of medical litigation is the issue coordination and the investigation of proofs. It works by means of the medical special knowledge. However, attorneys in Taiwan couldn’t have any medical opinions, so couldn’t coordinate issues efficiently. They have to consequently depend on identification, which was assigned by the court. The latter affords the cost of litigations as a result. Nevertheless, this kind of phenomenon is totally abnormal. Having familiar culture, Taiwan and Japan, two of countries in East Asian, receipted the west jurisprudence at the same time, and had adjusted to their customs. Therefore, comparing to the courts in Taiwan, this article, based on the research to the judgements in Tokyo district court and Oosaka district court, tends to introduce the practicing of medical litigation in Japan in the dimensions of attorneys, physicians and courts.