診間錄音於民事訴訟程序之證據能力【醫事法學教室】 試閱
Admissibility of Recordings in Medical Consultations in Civil Procedure
病人未經醫方同意而錄音，是否可以作為日後醫療民事訴訟之證據？本文分析法院對診間錄音之證據能力判準，法院主要考量錄音者是否為對話參與者、醫方有無合理隱私期待、取證手段是否和平、非誘導性等因素。至於衛生福利部（下稱：衛福部）《醫療機構醫療隱私維護規範》，並非錄音是否有證據能力之判斷標準，也不拘束法院。
Can a patient’s recording made without the medical provider’s consent be admitted as evidence in subsequent civil medical malpractice litigation? This article analyzes the judicial criteria utilized by courts to determine the evidentiary admissibility of recordings made in consultation rooms. The analysis indicates that courts primarily weigh factors such as whether the individual recording the conversation was a participant in the dialogue, whether the medical provider possessed a reasonable expectation of privacy under the circumstances, and whether the evidence was obtained through peaceful and non-inductive means. Furthermore, the article clarifies that the Guidelines for Maintaining Medical Privacy in Medical Institutions issued by the Ministry of Health and Welfare constitute administrative regulations; consequently, they do not serve as the judicial standard for determining admissibility in civil litigation, nor are they binding on the courts’ discretionary power in evidence assessment.
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