| Abstract: | In our previous studies in 1991 and 2005, more medical malpractice cases were brought into trials and more cases were judged in civil courts in 2005. To further investigate the trends of medical malpractice in Taiwan, we analyzed trial cases between 2002 and 2007 by searching database of law and regulations retrieving system of the Judicial Yuan. We found 10,349 and 13,394 potential criminal and civil trial cases, respectively. Among these cases, 453 and 664 cases were confirmed to be criminal and civil cases, respectively. In the past six years, civil cases increased significantly up to 2 times in all areas after adjusting physician numbers and population numbers. Criminal cases did not change significantly. The chances to win a lawsuit for patients in district courts were 40.7%, 17.7% and 7.1% for public prosecution, civil litigation and private prosecution cases, respectively. The chances to win a lawsuit for patients in appeal courts were 41.1%, 28.8% and 10.0% for public prosecution, civil litigation and private prosecution cases, respectively. In the 119 cases patients won, most compensation was between NTD 1,000,000 and 5,000,000 (45.4%), with median around NTD 2,020,000. We wish the results will be helpful for future studies in medical malpractice in the future. |
