論醫療過失不法構成要件與除錯機制【醫事綜探】 試閱
Criminal Liability of Medical Malpractice and Error-Reporting Mechanisms
醫療過失行為可能構成刑事不法的設計並非臺灣所獨有，近期英國的一起案例同樣引發輿論的關注，建立除錯機制也成為政策上的選項。本文將由該案出發，回頭檢視醫療法的修正與醫療事故預防及爭議處理法草案，並討論若干法規適用的問題。
In Taiwan, physicians are under high pressure of medical malpractice regarding criminal liability. Physicians in England are under a similiar situation. A physician, called Bawa-Garbag, has been found guilty of manslaughter because a six-year-old boy died of her malpractice. This accident promoted a policy change: the government announced a new measure to improve patient safety and to protect doctors and nurses when mistakes are made. Looking back to Taiwan: two important legal amendments are submitted to congress in 2018, attempting to protect physicians from medical disputes. This article tries to introduce these amendments and make a short comment about the feasibility of law.
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