論美國訴訟外醫療紛爭處理之歷史發展經驗 725 On the Historical Development of Medical Alternative Dispute Resolution in the US: Lessons for Taiwan Chih-Ming Liang Graduate Institute of Health and Biotechnology Law, Taipei Medical University Email: cliang4@tmu.edu.tw Abstract This paper explores the experience of medical alternative dispute resolution in the US. Part I lays out the background and research question. Part II introduces the historical background of medical malpractice crisis and the two generations of policy responses to the crisis. Part III further examines the development and evolution of four of the most widely used medical ADR options, including pre-trial screening panels, arbitration, mediation, and communication-andresolution programs. The paper discovers some of the most promising and anticipated medical ADR options and policy proposals, including interest-based mediation and communication-and-resolution programs, which emphasize such ideas as repairing patient-physician relationships, promoting patient safety, ensuring full disclosure, expressing timely sympathy and apology, committing to prevention efforts, and making early offer of compensation. Based on these observations, Part IV reflects on the current status of medical alternative dispute resolution in Taiwan, and points out that limiting litigation exposure remains the dominant risk management philosophy of Taiwan’s healthcare organizations, which constitutes a significant barrier to the local development of communication-and-resolution type of reforms. Key Words: medical alternative dispute resolution, pre-trial screening panels, arbitration, mediation, communication-andresolution programs (CRPs)
RkJQdWJsaXNoZXIy ODg3MDU=