醫療訴訟之過去、現在及未來【一百期特別企劃】 試閱
The Past, the Present and the Future of Medical Litigation
本文從三次不同時段搜集之醫療訴訟進行對照,可以看出醫療訴訟在不同時期的變與不變,並可比較醫療機構及各科之法律風險,另從起訴主張醫療過失之態樣,足以明瞭醫療糾紛之原因,促使醫療服務改善,同時法院判決針對醫療臨床之針貶是否合理及一慣性,亦是長期醫療判決分析可以得悉,並可使法律實務界加以自我審視及修正,最後,從過往醫療訴訟總結作為預測並預防將來發生醫療不良結果,此為醫療判決分析研究之最大貢獻。
This essay would collect and compare medical litigation in three different periods, and it could show the changes and constancy of medical litigation in different periods, and could compare the legal risks of medical institutions and various departments. In addition, from the pattern of claimed medical negligence, it is sufficient to understand the causes of medical disputes and to promote the improvement of medical services. Furthermore, the long-term analysis of medical judgments could reveal whether the clinical assessments made by the courts are reasonable and consistent. Based on the results, the legal profession could review and correct itself. Finally, the greatest contribution of the analysis of medical judgements would be the prognosis based on the summary of the medical litigation in the past and the prevention of medical malpractice in the future.
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