医疗纠纷无过错补偿制度研究——台湾地区的尝试经验及其启示

A study on the institution of no-fault compensation for medical disputes: lessons and implication from the experience of Taiwan region

我国台湾地区在总结了此前实施预防接种伤害和药害救济制度等经验的基础上,借鉴法国、新西兰和北欧五国实施医疗纠纷无过错补偿制度的经验,尝试通过全面建立医疗纠纷无过错补偿机制以解决日渐增多的医疗纠纷求偿问题。这一原本被台湾社会寄予厚望的法案最终却因医界团体对方案的强烈反对而被暂时搁置。通过对台湾地区立法草案中医疗纠纷无过错补偿核心内容的分析,文章主张我国大陆地区在建立医疗纠纷无过错补偿机制过程中应注意吸取台湾地区失败的经验教训,循序渐进地建立以公共财政负担为主且严格厘清责任的医疗纠纷无过错补偿机制。

After drawing lessons from the experiences of compensation for vaccination victims and drug injured victims and so on as well as considering the characteristics of medical no-fault compensation system of France, New Zealand and Northern Europe, the government in Taiwan region tried to create no-fault compensation to solve the increasingly medical disputes. The bill that was highly anticipated originally in the community of Taiwan was finally temporarily shelved due to the strong opposition from medical groups. Through the analysis on the core content of no-fault compensation legislative draft for medical disputes in Taiwan region, this paper pointed out that we should draw lessons from Taiwan in the process of establishing the no-fault compensation system for medical disputes in the mainland and create the no-fault compensation institution step by step which is based on the public financial burden, and the compensation standards should be fit for the national conditions.