In light of increasing lawsuits filed against physicians and the resultant rise in defensive medicine, the Legislative Yuan yesterday approved an amendment to the Medical Act (醫療法) which sets out the conditions for physicians to face criminal charges in medical disputes.
The amendment was made to Article 82 of the act, which formerly stated that “medical facilities and its paramedics should compensate for any harm they cause a patient in the course of performing their duties on the condition that the harm was intentional or a result of negligence.”
The amended article reads: “Paramedics who injure or kill a patient in the course of providing medical treatment due to negligence over items that require attention and nonclinical judgements face criminal liabilities.”
Photo: Peter Lo, Taipei Times
“The two aforementioned violations should be determined after factoring in the branch of medicine practiced, the prevalent medical practice, medical skills, the condition of medical equipment used and work conditions at the time and place of the incident, as well as the urgency of treatment,” it says.
Medical facilities that harm a patient due to negligence should compensate the patient, it stipulates.
Lawmakers across party lines also lent support to two supplementary resolutions, proposed by the Democratic Progressive Party (DPP), that require the Ministry of Health and Welfare to submit a draft bill before Jan. 31 that defines rules governing medical disputes, and to assist the central government in establishing unified reporting and troubleshooting systems for such disputes.
DPP Legislator Lin Ching-yi (林靜儀), who led the legislation, said the amendment was not meant to protect doctors or decriminalize negligence, but to refine the article.
The change would encourage doctors to take risks when attempting to save lives, since it prevents patients or their families who want to receive monetary compensation under the Civil Code from threatening their physician with criminal charges, Lin said.
Citing statistics compiled by the ministry, Chinese Nationalist Party (KMT) Legislator Chen Yi-min (陳宜民) said the number of lawsuits filed against paramedics in 2014 was 3.5 times the number three decades ago: 146 per year between 1987 and 1990, and 534 from 2011 to 2014.
This has discouraged many physicians from taking up high-risk branches of medicine, resulting in a brain drain in these fields, he said.
However, New Power Party Executive Chairman Huang Kuo-chang (黃國昌) said the amendment failed to address the root cause of medical disputes.
He said that while he could relate to the premise, he doubted whether defining circumstances under which doctors face criminal liabilities would help decrease the number of lawsuits against doctors.
Now that legal action by patients is more likely to come in the form of civil lawsuits, compensation could be demanded of doctors like a “contract,” in which a party accuses another of “failing to perform an obligation,” Huang said.
“Whether my predictions will come true, I believe that time will tell,” he added.
‘DENIAL DEFENSE’: The US would increase its military presence with uncrewed ships, and submarines, while boosting defense in the Indo-Pacific, a Pete Hegseth memo said The US is reorienting its military strategy to focus primarily on deterring a potential Chinese invasion of Taiwan, a memo signed by US Secretary of Defense Pete Hegseth showed. The memo also called on Taiwan to increase its defense spending. The document, known as the “Interim National Defense Strategic Guidance,” was distributed this month and detailed the national defense plans of US President Donald Trump’s administration, an article in the Washington Post said on Saturday. It outlines how the US can prepare for a potential war with China and defend itself from threats in the “near abroad,” including Greenland and the Panama
A magnitude 4.9 earthquake struck off Tainan at 11:47am today, the Central Weather Administration (CWA) said. The hypocenter was 32.3km northeast of Tainan City Hall at a depth of 7.3km, CWA data showed. The intensity of the quake, which gauges the actual effect of a seismic event, measured 4 in Tainan and Chiayi County on Taiwan's seven-tier intensity scale, the data showed. The quake had an intensity of 3 in Chiayi City and County, and Yunlin County, while it was measured as 2 in Kaohsiung, Nantou County, Changhua County, Taitung County and offshore Penghu County, the data showed. There were no immediate reports of
The Chinese Nationalist Party (KMT) is maintaining close ties with Beijing, the Democratic Progressive Party (DPP) said yesterday, hours after a new round of Chinese military drills in the Taiwan Strait began. Political parties in a democracy have a responsibility to be loyal to the nation and defend its sovereignty, DPP spokesman Justin Wu (吳崢) told a news conference in Taipei. His comments came hours after Beijing announced via Chinese state media that the Chinese People’s Liberation Army’s Eastern Theater Command was holding large-scale drills simulating a multi-pronged attack on Taiwan. Contrary to the KMT’s claims that it is staunchly anti-communist, KMT Deputy
RESPONSE: The government would investigate incidents of Taiwanese entertainers in China promoting CCP propaganda online in contravention of the law, the source said Taiwanese entertainers living in China who are found to have contravened cross-strait regulations or collaborated with the Chinese Communist Party (CCP) could be subject to fines, a source said on Sunday. Several Taiwanese entertainers have posted on the social media platform Sina Weibo saying that Taiwan “must be returned” to China, and sharing news articles from Chinese state media. In response, the Mainland Affairs Council (MAC) has asked the Ministry of Culture to investigate whether the entertainers had contravened any laws, and asked for them to be questioned upon their return to Taiwan, an official familiar with the matter said. To curb repeated