Academia Sinica calls for revision of medical negligence laws

Publication Date：07/04/2012 Source： Taiwan Today By June Tsai Scholars at Academia Sinica, Taiwan's premier research institution, called on the ROC Presidential Office July 3 to facilitate the decriminalization of medical negligence. In their policy suggestion, presented at the biennial Convocation of Academicians, researchers addressed the country's shortage of physicians in the departments of internal medicine, surgery, gynecology, pediatrics and emergency care. Fewer and fewer students are willing to enter these fields because of the greater risk of lawsuits and medical disputes, they said. "Taiwan's system of trying all cases of medical negligence under criminal law, regardless of their severity, is unreasonable, as uncertainty and danger are unavoidable in the practice of medicine," said Academician Chen Ding-shinn, former dean of the National Taiwan University College of Medicine. "Under these circumstances doctors resort to preventive treatments to avoid incrimination, leading to a waste of medical resources," he added. The proposal, backed by 15 academicians, suggests setting up a medical compensation system for patients and their relatives, and amending the Medical Service Act to limit criminal liability to injury or death caused by intentional or major negligence. Statistics show that in 2011, 10 medical care providers were found guilty of criminal malpractice, with five sentenced to prison terms of under six months, two to six months to one year, while another three are in detention. Health Minister Chiu Wen-ta confirmed that in recent years, 85 percent of medical disputes involved the five departments listed by the academicians, with practitioners in neurosurgery and gynecology having the highest risk of being sued. Related amendments to the Medical Service Act have been awaiting review in the Legislative Yuan for eight years, Chiu said, adding that the Department of Health will soon implement a trial medical dispute relief system for gynecology. The Ministry of Justice, which has opposed complete decriminalization of medical negligence, will hold a public hearing on the issue July 6. It hopes a balance can be struck between the opinions of the medical and legal professions, the MOJ said. (THN)