Reliance Doctrine in Medical Disputes ⎯ A Comparative and Empirical Study

 

Title
Reliance Doctrine in Medical Disputes ⎯ A Comparative and Empirical Study
Author
Chia-Jui Su
Keywords
Specialized Labor Division, Medical Teamwork, Doctrine of Reliance, Medical Disputes, Empirical Research
Abstract
Due to the trend of specialization in modern medicine, medical practice in most
institutes should include various qualified professionals who will not only perform
their specialties independently but also collaborate each other as a team work. As
such, it is necessary for us to seek categorized standards to reasonably divide the
scope of the duty of care and the responsibilities for different professionals within a
medical team. This article will try to apply the doctrine of reliance originated from
traffic accidents to the medical field for reasonable allocation of duty of care and
liabilities. After analyzing legal theories from comparative legal research, this article
adopts function standard rather than identity standard as a categorization system
for the liabilities of medical teamwork. Then this article utilizes empirical legal
research on both medical and legal personnel to verify this categorization.
Abstract Article

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