Wang Tsung-Hsi, Lin Shu-Fen, Tsai Kun-Yu, Liu Yu-Fu
Department of Medical Affair, Ministry of Health and Welfare, Taiwan.
Taiwan J Obstet Gynecol. 2017 Jun;56(3):320-324. doi: 10.1016/j.tjog.2017.04.010.
In Taiwan, the number of medical disputes and litigation has increased dramatically over the past 20 years. The seriousness of medical disputes continuing grows in clinical practice, especially in obstetricians. This study provided a possible solution to the medical dispute litigation issue.
The Ministry of Health and Welfare (MOHW) compensation program for birth incidents has been implemented since 2012 and it provided pecuniary compensation for mothers, newborns, and fetuses who got injured or died in birth-related medical incidents. We analyzed the amount and distribution of compensation, and assessed the effect of compensation on the number of medical dispute litigation.
From 2012 to 2015, a total of 348 applications was received, 322 of which were examined by the committee. Among the examined cases, 278 were approved for compensation. The total amount of compensation had reached 266.16 million NTD (8.32 million USD). For the medical dispute litigation, a dramatic decrease in number was observed after the implementation of this compensation pilot program.
Prompt compensation provided instant economic and spiritual support for patients and families. Pecuniary compensation could be an alternative choice of justice, which might encourage the injured to receive economic compensation, instead of filing a lawsuit against the physician or hospital institution. As a result, the number of dispute litigation has decreased. This indicates that the compensation program is an efficient way to improve medical dispute litigation difficulties.
在台湾,过去20年医疗纠纷和诉讼的数量急剧增加。在临床实践中,医疗纠纷的严重性持续加剧,尤其是在产科医生中。本研究为医疗纠纷诉讼问题提供了一种可能的解决方案。
卫生福利部(MOHW)自2012年起实施出生事件赔偿计划,为在与分娩相关的医疗事件中受伤或死亡的母亲、新生儿和胎儿提供金钱赔偿。我们分析了赔偿金额和分配情况,并评估了赔偿对医疗纠纷诉讼数量的影响。
2012年至2015年,共收到348份申请,其中322份由委员会审查。在审查的案件中,278份获得赔偿批准。赔偿总额达到新台币两亿六千六百一十六万元(832万美元)。对于医疗纠纷诉讼,在实施该赔偿试点计划后,数量显著下降。
及时赔偿为患者及其家属提供了即时的经济和精神支持。金钱赔偿可能是一种替代司法途径,可以鼓励伤者接受经济赔偿,而不是对医生或医院机构提起诉讼。结果,纠纷诉讼的数量减少了。这表明赔偿计划是改善医疗纠纷诉讼困境的有效方式。