The Amendment of Paragraph 82 of Medical Care Act and Its Doubts: Focus on the Extraction Case in Medical Lawsuits
By introducing a normal case, the topic in this article would be the criminal medical lawsuits of dentistry. The patient accused the dentist about a breach of paragraph 82 of Medical Care Act that he didn’t take any X-ray to have a further examination during the visiting, while he knew that the patient had a periodontal disease, which lead to decayed tooth with high risks. According to the identification by Medical Review Committee, the dentist breached medical due care, and exceeded the reasonable exercise of professional clinical discretion without any exception. He had a medical negligence as the consequence; nevertheless, a medical negligence doesn’t lead to a criminal negligence. The causality between the breach of medical due care, professional clinical discretion and injury as the consequence should also be considered. According to the paragraph 82 of Medical Care Act, the conditions of the criminal medical negligence are a breach of medical due care and exceeding the reasonable exercise of professional clinical discretion. Furthermore, the court should examine the medical lawsuit, according to the principles of Criminal Law, whether there was an immanent coherence between the behavior and the injury to confirm a criminal negligence.