Medical no-fault liability institution analysis and pilot exploration of Taiwan people's attitudes towards the institution

Project Investigator : Chien-Chang Wu

Collaborator : Tung-liang Chiang, Wei-J Chen

Background:

        Similar to many countries in the world, Taiwan also experiences the escalation of the number of medical harm litigation cases. Based on the data from the Medical Affairs Review Committee of the Department of Health, in 1987 there were only 147 case reviews entrusted to the committee. However, in 2001, the number increased to 400 and has been increasing ever since. Medical harm litigation has become a nightmare for medical professionals and healthcare facilities. Quite a few legal scholars advocate for following the steps of countries (Sweden, Denmark, New Zealand, etc.) adopting medical no-fault liability institutions. Thus, the following goals could be achieved: lowering the personnel and economic costs of litigation, reducing the conflicts between the healthcare professionals and the patients, swiftly compensating for the medical harms, and improving the quality of healthcare. Recently the Department of Health adopts similar policy ideas and proposes to implement an "Experimental Project on Encouraging Healthcare Facilities to Voluntarily Compensating Birth Injury". However, systematic theoretical analysis of medical no-fault liability institution and relevant empirical data is still lacking in Taiwan. It is important to collect Taiwan people's attitudes towards the institution before its implementation.

Goals:

1. Systematic theory and outcome analysis of the medical no-fault liability institutions implemented in different countries, which can be a basis for modeling and comparisons in promulgating a similar institution in Taiwan.
2. Pilot exploration of Taiwan people's attitudes towards medical no-fault liability institution, which can be an important basis for relevant policy making in Taiwan.

Methods:

1. Systematic review of the medical no-fault liability institutions implemented in countries such as the U.S., New Zealand, Sweden, Denmark, Norway and Finland by comparing their contents and outcomes, and further examinations of their differences from Taiwan's current and proposed no-fault compensations schemes in pharmaceutical injury, vaccination injury and birth injury..
2. Based on the above data, we will choose the representative institutions as the foundation for developing questionnaires. We would like to entrust the professional survey institute in Academic Sinica to conduct a household-representative telephone survey in Taiwan to understand their attitudes towards the medical no-fault liability institution.

Expected results:

1. Systematic analysis and review of current medical no-fault liability institutions in different countries, which could become a basis for relevant policy implementation in Taiwan.
2. Empirical data on Taiwan people’s relevant attitudes could become a basis for relevant policy designation and enforcement.