Medical Negligence: A Few Comments on the Newly Revised Article 82 of Taiwan’s Medical Care Act
Medical negligence is the core concept to determine either civil or criminal liability for medical malpractice in Taiwan. What actually constitutes negligence is, however, in lack of systematic studies. Sub-concepts such as “medical level,” originated from Japan law, “medical custom” from the American law, or “professional discrtion” invented by Taiwanese scholars are widely used in relating discussions. To what do these concept refer? How do these concepts connect with each other? Article 82 of the Medical Care Act was revised on December of 2017 and all these terms are used in the same article. Does this help in bringing a clearer concept of “gross negligence” like the medical professions hoped, or it simply keeps the status quo unchanged like the legal profession assumed? This paper tries to delineate a concept flow chart of medcial negligence by carefully compare the relevant concepts so that we might have an informed discussion on medical negligence in the future.