醫療事故預防及爭議處理法—立法重點解析【醫法新論】 試閱
Medical Accident Prevention and Dispute Resolution Act: An Analysis on the Key Elements of Legislature
「醫療事故預防及爭議處理法」已經通過立院審查，習見以「醫預法」為其簡稱。值此完成施行細則及他項子法之草案預告，實際改革卻較偏重於事後處置，輕傷者被排除在病安通報之外，恐難反映醫療事故的全貌，同理設想醫療爭議的適用範圍，宜予前置化擴及醫療錯誤之肇生階段。新制就末段的補償救濟對應不足，即使加諸專業諮詢、評析及調解先行等配套，運作成效也未必得以疏減訟源。其餘可能在證據評價產生分歧現象，且如過往機關鑑定所遭遇的諸多難題，事涉專業性、公正性、時效性，乃至伴隨兩造爭訟策略而來影響歸責模式。
Medical Accident Prevention and Dispute Resolution Act, or MAPDRA in short, was reviewed and passed by Legislative Yuan in the previous year. Notably, the drafts of its enforcement rules and eight sub-laws show that the improvement effort is more focused on incident response, and the mildly injured are excluded from patient safety reporting, making it difficult to demonstrate all aspects of medical accidents. It is also advised to extend the scope of medical dispute to the potential causes of medical errors to avoid similar shortcomings. Meanwhile, the lack of attention on government-backed relief program in the new system may lead to limited reduction of litigation cases despite with expert counseling, analysis, and mediation working in parallel. Additional challenges include inconsistencies in evidence evaluation, the requirements of expertise, fairness and timeliness in expert examination process, and the instances of both parties taking litigation strategies to influence the attribution of responsibilities.
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