Medical Malpractice in Taiwan

Abstract

Around 2012, the insufficient supply of physicians in internal medicine, surgery, gynecology/obstetrics, pediatrics and emergency medicine became an important policy problem in Taiwan. Increasing numbers of medical disputes and medical malpractice were recognized as one of the contributing factors. Several bills, intending to systematically manage medical malpractice problems, failed. The government (at both the central and local levels) and professionals (including medicine and law) continued to work together to incrementally modify the laws, regulations and practices of medicine, to manage the problems. The trend of increasing risk of medical disputes and medical malpractice seems to have subsided. The recruitment of residents also improved. This chapter aims to describe the main development of the systems of managing medical disputes and medical malpractice in Taiwan. Although it is difficult to ascertain the causes for the above trend, the chapter provides some insight into what might have facilitated the development. In the following, Sect. 2 briefs the basic legal principles of medical malpractice in Taiwan. Section 3 addresses the procedures and characteristics of medical malpractice in Taiwan before the year of 2012. Section 4 describes the alternative medical disputes resolution mechanisms, in Taiwan, about a decade ago. Section 5 presents the attitudes of the public in Taiwan, towards medical malpractice which could be used as a check on the medical malpractice policy. Section 6 depicts the current no-fault and quasi-no-fault compensation programs in Taiwan. Only vaccine injury (no-fault), drug injury (quasi-no-fault) and childbirth incidents (no-fault) are covered now. Section 7 reviews the failed bills intending to systematically address medical disputes and medical malpractice in Taiwan. Section 8 depicts the later development of legislation related to medical malpractice and Sect. 9 the later development of mechanisms of alternative medical dispute resolution in Taiwan. Taiwan currently does not have a full-scale no-fault medical malpractice liability system. Through reforms in law, mediation procedure reconciliation procedure and cooperation among governments at different levels and different professionals may continue to facilitate the development of a better medical malpractice system in the future. KeywordsMedical malpracticeDisputeLitigationMediationLiabilityNo-faultCompensationVaccine injuryDrug injuryBirth incidentTaiwan