In Taiwan, there are fewer and fewer medical students, who choose the Internal Medicine, Surgery, Pediatrics, Obstetrics & Gynecology, and Emergency Medicine, especially the Obstetrics & Gynecology, and the fact behind the problem is the unpremeditated crime of the medical behaviors. As everyone knows, the patient has the right to choose which one treats his or her disease freely, and therefore the doctor shouldn't be committed intentionally unfavorable for a patient.
In the supposition, the doctor who commits a crime depends on whether he or she commits negligently or not, and the medical knowledge and experiences are the most important elements to exercise his duty of care that he should and could have exercised in the circumstances. Once a doctor doesn't have enough medical knowledge and experiences, he or she whose age is less than 40 years old usually may make a mistake to meet the criminal action committed by the patient.
If possible, the lawyers may provide a different thinking which follows the civil action style of the foreign countries. Before the lawyer wins a civil action, please don't charge the fees for the patient to change the intention from the criminal action to the civil action. Hence, the doctor who is accused by the patient may avoid prison, and he or she just needs to pay the damages which may be paid by the insurance companies. To distribute the risk is a new concept in Taiwan, so that most of the doctors do not insure the medical responsibility.
According to the non-formal statistical data, the salary of a doctor should be more than NTD 150K which he or she can insure the medical responsibility, and one day the damages can be paid by the insurance companies, not the doctor. Of course, the insurance premium depends on the medical responsibility of the doctor's profession. To sign the letter of authorization is also a possible approach to avoid prison, but the doctor may commit negligently and should pay the damages for the patient actually; it's unfair for the patient to sign the letter of authorization, and therefore the doctor shouldn't shirt his or her responsibility.
References
In the supposition, the doctor who commits a crime depends on whether he or she commits negligently or not, and the medical knowledge and experiences are the most important elements to exercise his duty of care that he should and could have exercised in the circumstances. Once a doctor doesn't have enough medical knowledge and experiences, he or she whose age is less than 40 years old usually may make a mistake to meet the criminal action committed by the patient.
If possible, the lawyers may provide a different thinking which follows the civil action style of the foreign countries. Before the lawyer wins a civil action, please don't charge the fees for the patient to change the intention from the criminal action to the civil action. Hence, the doctor who is accused by the patient may avoid prison, and he or she just needs to pay the damages which may be paid by the insurance companies. To distribute the risk is a new concept in Taiwan, so that most of the doctors do not insure the medical responsibility.
According to the non-formal statistical data, the salary of a doctor should be more than NTD 150K which he or she can insure the medical responsibility, and one day the damages can be paid by the insurance companies, not the doctor. Of course, the insurance premium depends on the medical responsibility of the doctor's profession. To sign the letter of authorization is also a possible approach to avoid prison, but the doctor may commit negligently and should pay the damages for the patient actually; it's unfair for the patient to sign the letter of authorization, and therefore the doctor shouldn't shirt his or her responsibility.
References
- 林思宇（2013.05.19）怕醫療糾紛…選到婦產科 醫學生痛哭，聯合報，http://udn.com/NEWS/HEALTH/HEA1/7906903.shtml
- 燕珍宜（2011.11.03）醫療糾紛不斷 台灣醫生「犯罪率」世界第一，今周刊第776期，http://mag.chinatimes.com/mag-cnt.aspx?artid=10752&page=1
- Ipadrules（2010.04.16）台灣醫師薪水，iphoner 的部落格，http://blog.udn.com/iphoner/3947881
