Determination of Medical Negligence in Civil Liability: Medical Custom and Medical Level
In 2017, a landmark judgement of the Supreme Court in Taiwan reaffirmed that medical negligence should be determined according to the “medical level” rather than the “medical custom,” “medical custom” was only one of the factors to judge the presence of negligence. However, the standard of “medical level” is an unpredictable concept. What actually constitutes “medical level”? In this article, we would explore the content of “medical level” by empirical legal studies in order to know if it is more fair than “medical custom” and improve its prophylactic function of Civil Code.