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The mechanism of operation in human body is so complicated that
even a professional doctor know just a tiny part of the mystery.
In the process of treatment or diagnosis, accident happens
frequently, although the life for everybody is priceless.
Patient-physician relationship was well in the past, and the
patient and family trusted doctor so much. When unexpected
outcome occurred, they thought it to be his destiny, and never
blamed the helper. However, it changes now. The dispute
originating from medical care surges which makes medical fee
unacceptable, doctors' liability insurance unaccessible, and the
worst of all is it will threatens the public health by
smothering the improvment of medical science.
Medicine is not only science but also art. In a trial of medical
injury or dispute, it is unavoidable to determine if there is
negligence and causation between medical intervention and
injury. Unfortunately these works are Sisyphus's tasks. It is
these special problems that causes legal issues about medicine
to be reconsider again and again.
Besides, in this country, the Consumer Protection Act and the
National Health Insurance Act will complicate the claim of
injuried patient beyond the scope of existed Civil Code. It is
the basis of the article to study the basic relationship of
patient and physician, evaluate the impaction of these new acts
about doctors' and hospitals' liability, and to compare the
advantage of different compensation systems. By considering
contractual theory, tort theory including negligence and no
fault liability, the role of liability insurance, and social
insurance, with the points of deterrent effect and justice of
compensation, a new proposal is developed. It is the gaol to
reestablish good ient-physician relationship, enhence public
welfare and human integrity.
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