Why can Taiwan utilize criminal law to discipline physicians?
1Occupational Health Center, Taipei Veterans General Hospital, No. 201 Sec 2, Shil-Pai Rd., Taipei 11217, Taiwan. jger@vghtpe.gov.tw
Legal Medicine (Tokyo, Japan)
|March 4, 2009
Summary
Taiwan
Area of Science:
- Medical History
- Public Health
- Legal Medicine
Background:
- Modern medicine introduced to Taiwan in 1865, standardized by Japanese governors in 1896.
- Japanese administration focused on public hygiene and infectious disease control.
- Criminal law intervention in medical malpractice emerged between 1950-1960s due to various societal factors.
Purpose of the Study:
- Analyze the historical context of medical malpractice in Taiwan.
- Examine the reasons for the shift towards criminal law in medical disputes.
- Propose recommendations for improving medical practice standards and regulation.
Main Methods:
- Historical analysis of medical and legal developments in Taiwan.
- Review of socio-political factors influencing medical practice and law.
- Comparative study of international medical practice guidelines.
Main Results:
- Costly civil actions, licensing issues, and political instability contributed to criminal law's use in medical malpractice.
- Significant changes in Taiwan's medical practice environment over the last 60 years.
- Need for updated negligence standards in clinical and criminal medical cases.
Conclusions:
- Taiwan's medical legal landscape has evolved significantly, necessitating new regulatory frameworks.
- Adoption of international standards, such as the UK's Good Medical Practice, is recommended.
- Strengthening the Department of Health's administrative power is crucial for physician regulation.
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