On The Compensation For Medical Injury With No-Fault Liability

Legal disputes caused by medical treatment correlates closely to theadvancement of modern medical technology and the enhanced feeling ofindividual rights protection by people. A rapid progress in Medicaltreatment and life quality improvement causes an increase in the numberof visitors to hospitals; while the growing sensitivity to individual rightsprotection will spur the people to protect themselves once they encounterany damage from medical treatment. In fact, more and more people beginto focus on legal disputes caused by medical treatment. It has become anenigmatic problem in modem society. On one hand, the patient considersthat their individual rights are not protected. On the other hand, thehospital and the doctor are stuck in a problem of professional ethics. Theywill prefer to avoid the action, which is beneficial for the patient but putsthemselves at legal risk. Thus, it's really urgent to address thisphenomenon wherein the code of law in regards to medical treatment isimmature and the frequency of legal disputes is on the rise.Most of the cases about legal disputes caused by medical treatmentare judged according to fault and responsibility system. Although, we willalso find that such cases in some countries are judged under lawexcluding fault and responsibility. In this article, through cases analysis,competition analysis and economic analysis, we make a comprehensiveanalysis about the reasons and adverse factors for unaccountabilityprinciple in legal disputes caused by medical treatment based on theboundaries of fault and responsibility definition. Afterâ… analyze theadvanced law, especially the law in Taipei, which many legal scholarsconsider is an effective action to protect the legal rights of patients andhospitals by bringing in an obligation system and accept unaccountable principle in legal dispute caused by medical treatment. Because astandard legal practice in the resolution of unaccountability present inapplicable medical malpractice disputes will have positive effects onsociety in general. A resolution will harmonize the relationship betweenpatient and hospital and would promote the practice of good medicalethics, which not only benefits the general populace but also medicalpractitioners.