台灣衛服部想推過的醫糾法

以下是我用英文介紹台灣衛服部想過的醫糾法問題所在，原本只是想介紹給朋友看看但稍微補上中文。隨便打打的所以別太在意中文與英文的文法xD

Currently Taiwan's Ministry of Health and Welfare is attempting to pass No-fault Compensation for medical injury.

No-fault compensation system allows patients to request compensation for medical injury, even without an established negligence (negligence means the practice falls below standard of care). While "no-fault" and "medical injury" may sound contradicting, these situations are quite common due to the uncertainty in medicine. A 2-5% inherit risk of infection in surgery, an unforeseeable allergic reaction to treatment are all counted as medical injuries, despite doctors uphold the standard of care and tried their best to avoid these circumstances.

While the one in Taiwan seems similar to ACC in NZ, there are some serious concerns about this legislation.

1. The legislation only said in strict wording that the government will share 30% of the compensation. This means the rest 70% will be shared between smoke companies/donations/National Health Insurance and medical professionals/medical organisations. Although Ministry of Health and Welfare said they want to split these to 40% for the former combination and 30% for the latter one, no words in the legislation implied that. Furthermore, 30% sharing between medical professionals and hospitals will certainly put double burdens on medical professionals' finance, as hospitals will likely respond to this law with their staffs' wages, adhering to "Taiwan's culture". This unbalance in work and reward is even worse when medical professionals' salary doesn't match their high working hours in Taiwan.

2. This legislation does not protect medical professionals from being caught in a civil lawsuit. The ACC in NZ has guide on when the patient is able to withdraw from ACC and sue the doctors, such as reckless conducts. The new legislation in Taiwan doesn't have that, and the main requirement for patients to sue doctors in Taiwan is simply return their compensation. This provide little to no protection for medical professionals when they already invested money into the compensation.

Medical professionals in Taiwan are already on the verge of collapse with abundant lawsuits, media pressure and long working hours. The new legislation may become the last straw. Currently many countries like Singapore are recruiting medical professionals in Taiwan, I wish the government can at least step into medical professionals' shithole and understand their worries. Or else Taiwan will soon be severely deprived of medical professionals, and this will create a domino effect that crushes the rest of the medical professionals.