A Further Discussion about Problems in the Draft of Medical Disputes and Medical Incident Compensation Law
As medical malpractice occurs, the rights of patients and their family members are not sufficiently safeguarded under the current legal system. The increasing number of litigations also gives enormous burden to medical personnel in the judiciary. The Medical Malpractice Draft is a special law which integrates the process of dealing with medical malpractice, no-fault compensation, and medical misconducts correction. The purpose of the Medical Malpractice Draft is to break through the obstacles of medical malpractice facing patients and health care workers. The main contents of the Medical Malpractice Draft is to reduce litigations by preliminary mediation which is a kind of alternative dispute resolution. Meanwhile, a “no-blame” compensation system similar to that in New Zealand and Sweden is also adopted in the Medical Malpractice Draft. In general, the enactment of the Medical Malpractice Draft is worthy of support. However, further refinement on the regulations concerning dispute coordination, expert testimony, compensation, as well as report and debug is warranted to meet the doctors’ expectation of reducing litigations and the patients’ expectation of discovering the truth.