日本醫療事故調查之法制建構及美國病人安全法制之介紹【本期企劃】 試閱
Brief on Japanese Medical Accidents Investigation System and the American Patient Safety and Quality Improvement Act
病人就醫安全近年來一直是醫療政策上之重要議題，而其核心即在於病人安全通報、事故調查或根本原因分析之法制設計，本文介紹日本與美國相關法制與實施現況，以作為我國未來針對所有醫療事故全面立法時之參考。
Patient safety incidents can have devastating emotional and physical consequences for patients and their families; moreover can cast tediously long litigation process for the professionals involved. How to build a safer health care providing system and design processes of reducing error to ensure safety from accidental injury has been a great concern in these 2 decades.
This article briefly introduces the safety reporting systems in Japan and U.S.A. , focusing on the Japanese Medical Accidents Investigation System promulgated in 2016 Medical care Act Amendment, and the American Patient Safety and Quality Improvement Act in 2005. This article elaborates the different legislation backgrounds, enactment courses, and core provisions between these two countries, with special reference to whether or not the safety report and root cause analysis work product is privileged from disclosure in civil or criminal court proceedings.
Though it is too early to draw conclusion about which patient safety reporting legislation is superior to the other because more subsequent follow-up observation is required, yet hopefully this comparative law brief will cast some light on the different policy and design toward the patient safety enhancement in medical care.
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