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In response to the arrival of the aged society, our demand for long-term care is more urgent, and the number of long-term care service institution is increasing. Therefore, it is important to discuss the personal safety of patients in the institution.
We focus on institutional safety and submit three questions: First, what are the policies and institution’s managements about institutional safety; second, the discussion on the legal liability of long-term care service institution’s staff in judgments; third, the theories against the problems in the judgments.
Through the discussion of the judgments and theories, we find the following problems: First, human resource policy and institutional income issues are the most relevant to institutional safety. Second, the court tends to use administrative rules and care practice as the standard of duty of care for the long-term care service institution’s staff, which was not flexible enough. Third, there may be problems in determining the legal responsibility of the person in charge.
Our suggestions are as follows: First, in terms of human resource policy, the government should focus on salary promotion and training; in terms of institutional income sources, since the source of income is mainly the care expenses paid by the patient, the person in charge should give primary consideration to institutional safety. Second, use care standard as a standard of duty of care to replace the care practice. Third, based on the difference between the characters of civil law and criminal law, the development of institutional responsibility in civil law and criminal law should be different.
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