Most people have faith that their doctor will be able to properly diagnose their health problem and prescribe the correct medication.
In some cases, however, patients find themselves in conflict with their doctors over recommended drugs or treatment. The resulting malpractice dispute may be taken to the Consumers Foundation (
Key to settling disputes for the patient is obtaining medial records.
Officials from the foundation's petition department said that patients that feel they have grounds for a malpractice claim should do everything they can to acquire their medical records -- a process that can often be difficult.
An petition department official who declined to be named said that in cases of medical disputes involving death, it was nearly impossible for patients' families to obtain the medical records of the victim. "And even if they can, there is the possibility that the case history might have be altered," she said.
One problem is that patients who have problems with a particular doctor have to go to the very same individual to request their medical records.
"If a doctor feels that a patient might lodge a complaint, the patients usually have no means of obtaining their medical records," said Chen Pai-ho (
Petition officials sometimes recommend that patients or their relatives file a lawsuit as soon as possible and let prosecutors summons the medical records before they can be distorted, Chen said.
"We look forward to the day when medical records can be logged on to a computer network. This will benefit patients' rights and ease the ability to follow up on case histories," she said.
The foundation said yesterday that it had won NT$1,152,789 in compensation for patients. Of that sum, NT$1 million was for a single case which was settled out of court.
The incident took place last October after a baby with a urinary tract infection was sent to the intensive care unit of a large, private hospital in Tainan. Days later, the baby's parents found him lying face down in his bed, his face discolored.
The baby's mother shouted for nurses to help but she was initially ignored. Medical professionals finally arrived only to find that the baby was dead.
"The parents took the medical history of the baby to our foundation," said Cheng Hsiu-feng (鄭秀鳳), director of the foundation's southern area office.
Another incident occurred in Taipei last year.
A student had a health check at a state hospital in Taipei for enrollment in a university. The X-ray of his lungs was reported normal. Months later he was found to have lymphoma, a form of cancer, in his lungs.
He took his original lung X-ray to another doctor, who said that there were warning signs on the film, although they were not pronounced.
The student petitioned the Consumers Foundation for assistance in the dispute that subsequently developed between him and the hospital. The case has yet to be settled.
Reports have said that some doctors advocate excluding medical disputes from the Consumer Protection Law.
"We don't think this is a good idea. Because hospitals charge for their services, consumers' rights should be protected," Chen said.
But claimants should not go into a dispute with high hopes of getting any satisfaction.
"I have rarely seen cases where families are compensated for the death of a relative who died during childbirth," said one official from the petition department, citing an example.
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