Medical malpractice in Taiwan: Myth and reality

Yang, Hsiu-I

JSD (1997)

STANFORD UNIVERSITY

Abstract

More than 80% of medical malpractice litigations in Taiwan employ criminal procedure. Physicians' efforts to remove the criminal liability have encountered insurmountable resistance from both the legal profession and the lay community. Debates surrounding the issue of decriminalization are usually based on anecdotal reports and intuitive assumptions, but lack a candid understanding of the reality. This dissertation examines the nature and cause of the patient's preference in criminal resolution, and evaluates the actual performance of criminal liability system by using empirical methods. It was discovered that patients are not any better off in the criminal resolution. Decriminalizing medical malpractice should be a mutually beneficial goal for both doctors and patients.