Disclosing the Mysterious Veil of the medical Assessment－Comment on the Amended Draft for the Chapter of Expert Witness in Criminal Procedure
Depending on the medical technology and the selfwilling cooperation of people, Taiwan comes out in front concerning to the epidemic prevention. Nevertheless there are still lots of medical litigations there. There in the medical expert witness plays an important role in Civil as well as Criminal Procedure. Concerning to legal praxis, once parties faced to the medical litigation, they filed a criminal accusation and then a civil accusation after the prosecution of the prosecutor on the base of investigations. Under the Assignment from the prosecutor, the medical expert witness would generally be written by the medical task force on expert witness which was set up by the Medical Review Committee belongs to Minister of Health and Welfare. Due to the features of the task force that the expert witness as well as the response would only be written and that the content of the review wouldn’t be in public, not to mention that the physician would seldom be reviewed as negligent, it is inevitably to image that physicians could shield one another. Scholars had suggested once that the medical task force on expert witness should put their name to a document in the court or be cross-exanimated to make the parties realize the content of the assessment, guaranteeing the parties’ right of confrontation. Justice Yuan has proposed an amended draft for Criminal Procedure concerning to the expert witness in 2019, regulating that the expert witness should put his/her name to a document and explain in the court. It would be worth to analyze whether the physicians would refuse to be the expert witnesses because of having no time to be in the court, or whether it would be helpful to solve the problems.