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Medical Dispute Lawyer | Legal Services for Medical Accidents, Medical Litigation, and Medical Institutions
A medical outcome that falls short of expectations does not necessarily indicate that the physician was at fault; similarly, signing a surgical consent form does not absolve the medical institution of all legal responsibility. The handling of medical disputes must return to the aspects of complete medical records, medical duty of care, informed consent, causation, and the current mediation system in order to determine true legal liability.
Fidelity Law Firm assists patients' families and medical institutions in resolving medical legal disputes involving differing perspectives, including medical malpractice mediation, medical damage compensation, medical liability defense, and related legal advice. Before accepting a case, we will assess the potential conflicts of interest and will not simultaneously represent both the patient and medical staff in the same dispute.
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Patients and their families
Postoperative serious injury, delayed diagnosis or treatment, improper handling, failure to fully disclose important risks, disputes over medical records and medical expenses all require clarification of the medical process and specific harm. Our firm assists in compiling medical records and timelines of treatment, assessing the direction for medical malpractice mediation, damage compensation, and handling disputes related to cosmetic and dental procedures.
First, understand the evidence and processing procedures →Physicians, clinics and medical institutions
Upon receiving a patient complaint or criminal complaint, assist in reviewing incident care and communication, preservation of medical records and consent forms, liability risks, mediation representation, civil litigation, and criminal liability defense; also provide medical legal counsel, review of systems and notification procedures, and legal risk assessment for incidents attracting media attention.
Understanding Legal Risk Management in Healthcare Institutions →What should you do first if a medical dispute occurs?
01 | Prioritize patient safety
If there are urgent symptoms or the condition continues to worsen, seek necessary treatment first, and do not delay medical attention due to gathering evidence or negotiating. Subsequent medical treatments, changes in the condition, and actual expenses should also be recorded.
02｜Preserve complete medical records and evidence
Medical institutions shall, in accordance with the law, request medical records, examination images, surgical and anesthesia records, doctor's orders, nursing records, and concurrent consent forms; and retain receipts, advertisements, contracts, pre- and post-operative photos, and communication records. Medical institutions shall preserve original data and shall not replace original records with subsequent alterations.
03｜Establish a medical treatment timeline
Organize data according to the diagnosis, examination, explanation, surgery, medication, transfer to another hospital, and the time of the injury, distinguishing between information known at the time and situations discovered afterward, to avoid drawing conclusions based solely on fragmented conversations.
04｜Identify the points of contention for responsibility separately
The appropriateness of medical treatment, whether adequate information was provided, whether legal consent was obtained, and the causal relationship between the act and the harm should be analyzed separately; adverse medical outcomes are not sufficient proof of negligence.
05｜Assessment, Professional Consultation, and Mediation
Seek medical professional advice and assessment in accordance with the Medical Dispute Mediation Act, apply for mediation with the local medical dispute mediation committee with jurisdiction, and prepare medical records, requests, and explanations. Professional advice, analysis, and forensic identification should not be confused.
06 | Check the deadline and select relief
Assess civil, criminal, or administrative avenues based on the actual evidence, mediation results, and the basis of the claim. Do not use criminal charges as a fixed strategy to pressure for a settlement, and do not ignore the statute of limitations or the time limit for filing a lawsuit while waiting for a response.
The Medical Care Prevention Act, to be implemented in 2024: Prioritizing care and mediation, and accident prevention.
The Medical Malpractice Prevention and Dispute Resolution Act will come into effect on January 1, 2024. The handling of medical disputes can no longer rely solely on the old process of "appeals, expert evaluations, and direct litigation if mediation fails." The main differences are explained below based on the current law.
Medical malpractice and medical dispute have different legal definitions.
according toArticle 3 of the Medical Care ActMedical malpractice refers to serious injury or death that occurs to a patient after receiving medical services, but does not include consequences that the disease itself or the medical treatment could not avoid; medical disputes arise when a patient believes that adverse medical outcomes should be the responsibility of medical personnel or institutions. Not all unsatisfactory outcomes or general complaints can be directly classified as legal medical malpractice.
Medical record request: Who can request it, and how long should it take?
Article 71 of the Medical LawMedical institutions are required to provide copies of medical records to patients upon request, and, if necessary, Chinese summaries of the medical records; they must not delay or refuse without justifiable cause. In the event of a medical dispute, [the relevant authorities] shall [take appropriate action].Article 10 of the Medical Care ActUpon application by the patient or their agent, legal representative, or heir, the medical institution shall provide a copy of the medical records and a copy of the consent form within seven working days from the day following the application; the cost of copying shall be borne by the applicant. Proof of identity, agency, or inheritance relationship should be prepared, and the scope of the application should be confirmed; not every family member automatically has unlimited access rights.
Civil medical disputes should, in principle, be resolved through mediation first.
according toArticle 15 of the Medical Care ActBefore filing a civil lawsuit due to a medical dispute, an application for mediation should be made in accordance with this law. If a lawsuit is filed without prior application, the court of first instance should transfer the case to a competent mediation committee, and the litigation proceedings will be suspended during the mediation period. The statute of limitations and related legal effects of lawsuits filed after a failed mediation should still be verified. Courts are not prohibited from accepting such cases in all cases, nor is a general administrative appeal equivalent to completing a statutory mediation.
The transfer of criminal cases to mediation is not equivalent to prior notification restrictions.
according toArticle 16 of the Medical Care ActIn principle, medical dispute criminal cases investigated by prosecutors or tried by courts should be transferred for mediation, during which time the investigation and trial are suspended. Exceptions exist where mediation under this law has failed, or where there are grounds for criminal procedure listed in this article, in which case the preliminary transfer does not apply. This does not require all complainants to apply for mediation before filing a criminal complaint. The period for filing a complaint, the effect of mediation, and the deemed filing of a complaint should be determined on a case-by-case basis.
Mediation has a statutory time limit, but not all cases are guaranteed to be resolved within three months.
according toArticle 14 of the Medical Care ActA mediation meeting shall be convened within 45 days from the date of acceptance of the complete application documents and materials, and the mediation shall be completed within three months; if necessary, the period may be extended by three months, limited to one time, and may be extended again with the consent of the parties. If the mediation is not completed within the statutory period, it shall be deemed as an unsuccessful mediation. The supplementation of materials, the establishment of the mediation agreement, and subsequent judicial procedures will still affect the actual processing time.
Medical professional consultation, dispute analysis, and forensic appraisal should be separated.
醫事專業諮詢供當事人理解醫療問題；當事人得依第9條檢具病歷複製本、繳納費用向受委託財團法人申請。調解會得依第21條，於調解需要時就醫療爭議的爭點向受委託財團法人申請醫療爭議評析。法院或檢察官依司法程序所使用的鑑定，則有不同的囑託、調查與證據評價程序，均不能當成自動拘束法院的責任判決。
according toArticle 4 of the Medical Care ActMedical professional consultations and medical dispute analyses provided by entrusted foundations shall not be used as evidence, basis for judgment, or basis for related administrative penalties in this case unless both parties agree. Article 7, the statement of statutory concern, andArticle 23Mediation, persuasion, regret, apology, adverse statements, or concessions also have corresponding limitations; it is inappropriate to directly regard an apology in communication as a legal determination of fault.
How is medical malpractice determined?
Article 82 of the Medical Law does not stipulate liability for consequences arising from medical practice. When medical personnel cause harm in the course of their duties, the investigation should examine whether they acted intentionally or violated their duty of care and exceeded reasonable clinical discretion. Criminal liability for negligent death or injury also has statutory requirements. Judgment must consider the objective circumstances of the medical field at that time and place, including prevailing medical practices, standards, facilities, working conditions, and urgency, rather than simply extrapolating from the outcome.
Each case should be reviewed against the complete medical record and professional advice, clarifying the harm and causal relationship. Medical institutions, according to Article 82, Paragraph 5 and relevant civil laws, may have different bases of liability than individual medical personnel; therefore, the responsibilities of attending physicians, other team members, and the institution cannot be generalized.
An adverse medical outcome does not automatically equate to legal medical malpractice; signing a consent form does not absolve the medical institution of all liability. Basis:Article 82 of the Medical Law.
Surgical consent form and informed consent
according toArticle 63 of the Medical LawBefore performing surgery, the reasons for the surgery, success rate, or possible complications and risks should be explained, and consent should be obtained and a surgical and anesthesia consent form should be signed. Legally invasive examinations or treatments shall be handled in accordance with Article 64, with exceptions for each case in emergency situations. Article 81 also standardizes the notification of the patient's condition, treatment plan, procedures, medication, prognosis, and possible adverse reactions.
Legally, it is necessary to confirm whether the recipients of the consent, the purpose of the surgery, and significant risks have been adequately explained, whether the consent form is consistent with actual communication, and whether the division of labor among the surgeon or team involves any important agreements. Medical records, preoperative conversations, anesthesia, and surgical records should be reviewed together; a signature alone cannot determine whether adequate disclosure has been made, and the absence of a single document cannot directly lead to the conclusion of a specific criminal offense.
What damages can be claimed in a medical malpractice case?
Whether compensation can be sought depends on first determining the specific contractual or tortious basis of liability, the damages, and the causal relationship. Possible items include increased medical expenses due to the injury, necessary care and nursing expenses, transportation and other expenses, lost income due to inability to work, impairment of earning capacity, and compensation for emotional distress. Death accidents may also involve funeral expenses, loss of dependents' interests, and non-pecuniary damages to those who meet the legal requirements.
"Potential claims" do not equate to "amount that can definitely be obtained in a case." For example, the necessity of care, actual expenses, work income, and degree of disability all require corresponding evidence. The patient must handle the burden of proof regarding liability, damages, and causation; the medical institution should submit medical records and defense materials that can reconstruct the treatment process. The specific allocation of the burden of proof is still determined by the court in accordance with the law.
Tort, contract, criminal, and other remedies may not be subject to the same timeframe. Mediation does not mean that all timeframes are suspended; the basis of the claim, the time of knowledge, and the special provisions of the Medical Care Act should be verified. References: Articles 184, 192-195 of the Civil Code and related provisions on contractual liability.
Legal risk management for hospitals, clinics and physicians
Accident care, internal notification and data preservation
First, ensure patient safety, necessary medical care, and internal notification. Then, in accordance with Article 6 of the Medical Care Emergency Act, provide explanations, communication, and care: services should be provided within five working days of the medical incident. Hospitals and clinics with fewer than 99 beds may designate professionals or entrust professional organizations or groups to handle this. Statutory care records must be kept for at least three years. Major medical incidents should be assessed on a case-by-case basis according to the notification system; not all complaints require the same notification.
Medical records, electronic records, images, consent forms, medical team division of labor, on-call and notification information should be kept in full. Any necessary additions or corrections must retain the time, content and original records in accordance with the law, and must not be improperly deleted or altered for the purpose of responding to a lawsuit; Articles 68 and 70 of the Medical Care Act have other provisions and retention requirements, and the general minimum retention period cannot be used as the basis for destruction in a dispute.
Patient communication, mediation, representation, and liability protection
Legal work includes gathering facts, distinguishing between medical and non-medical disputes, reviewing claims, preparing mediation materials, assessing civil and criminal liability, and confirming notification, coverage, and settlement terms for medical malpractice insurance. Communication channels and records should be maintained, and blaming patients or delaying responses should not be substituted for effective action.
System improvements, legal counsel and media response
The consent form, notification process, patient communication, and contractual arrangements can be reviewed according to specific needs, and the clinic's and physician's legal counsel needs can be assessed. Media attention should distinguish between confirmed facts and the claims of the parties involved, and information should be handled in accordance with Article 72 of the Medical Care Act and personal data regulations. Patient conditions or complete medical records should not be arbitrarily disclosed simply because of public controversy.
Further Reading on Legal Risks of Medical Institutions
Medical aesthetic disputes and dental disputes
Cosmetic procedures: Expectations of results, informed consent, contractual obligations, and damage assessment should be separated.
Disputes arising from cosmetic procedures require careful review of pre-operative advertisements, agreed-upon results, risk disclosures, contracts and fees, actual procedures performed, and post-operative damages. Unsatisfactory results do not necessarily equate to medical negligence; however, if misrepresentation, breach of contract, or improper medical treatment is involved, different liabilities may apply. Refunds, repair costs, and damages should not be treated as the same issue, nor can it be claimed that all cosmetic contracts are subject to the same standard.
A disclaimer is not a license to avoid liability. Article 222 of the Civil Code prohibits the pre-emptive exemption of liability for intentional or gross negligence. Whether a standardized clause is manifestly unfair is subject to review in accordance with Article 247-1 and other relevant provisions. Agreeing to assume the inherent risks that have been fully explained is a different issue from waiving the right to pursue liability for illegal or negligent acts.
Dentistry: Treatment Plan, Imaging and Subsequent Damage
In disputes concerning dental implants, orthodontics, and other dental treatments, treatment plans, changes to treatment procedures, agreed-upon fees and materials, imaging records, medical records, and informed consent documents should be retained. Whether negligence, occlusal or functional impairment, the necessity of subsequent treatment, and causation exist must be determined based on specific evidence and professional assessment before deciding on the direction of mediation or compensation.
Read according to the preoperative consent form, postoperative and outcome disputes.
Medical Law Professional Exchange by Attorney Li Yusheng
Lawyer Li YushengPresiding attorney at Fidelity Law Firm. The following is a record of existing firm activities, showcasing professional exchanges in the field of medical law. These lectures and seminars do not constitute representation in any specific case, litigation outcome, or recommendation from hospitals or medical associations.
E-Da Medical Foundation International Medical Symposium / Colorectal Surgery Summer Meeting
According to the record published by our firm on July 14, 2024, Attorney Li Yusheng was invited to participate in a related seminar to exchange views on medical malpractice issues; the original text and a group photo of the event are also available.View the original discussion record.
Special lecture by the Department of Surgery, E-Da Hospital
According to an article published by our firm on May 23, 2024, Attorney Li Yusheng was invited by the Department of Surgery of E-Da Hospital to give a special lecture on how to handle medical disputes and how to deal with the media.View speech transcript and photos.
Relevant lectures by the Taiwan Society of Aesthetic Plastic Surgery
The event record and speaker page screenshot published by our firm in October 2022 record lawyer Li Yusheng sharing his insights on handling medical disputes and media relations.View Medical Association speech recordsAnotherExisting lecturer introductions and event materials.
The dates mentioned above are the dates recorded on the official website and are not separately confirmed dates of the event.
Medical Law Commentary and Article Index
Medical news serves as an entry point for understanding legal issues, not a judgment on the liability of the parties involved. The following article retains the original news source, hospital response, and video/audio recordings. Readers should distinguish between the allegations made by the parties involved, the hospital's denials, and facts still under investigation. The lawyers interviewed do not represent the firm in representing any party.
Surgical informed consent, medical records and liability review
Other relevant records remain inMedical Dispute Articles ClassificationThe category page remains an article index and does not replace the legal services focus of this page.
Should we first assess the direction for handling medical disputes?
Please provide a timeline of medical treatment and disputes, current medical condition, obtained medical records and consent forms, appeal or mediation documents, court or police notices, and most importantly, deadlines. Initial contact can provide a brief overview; the method for providing medical and sensitive personal information will be determined after confirmation of necessity and appropriate channels.
Our firm will first assess whether to accept the case and whether there is any conflict of interest before discussing the scope of services. Medical liability is determined based on specific evidence, and there is no guarantee of winning the case or obtaining compensation; information on our website cannot replace legal advice for each case.
Fidelity Law Offices | 17F, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City | LINE: @fdlaw | Email: info@fdlaw.com.tw
Legal source
The legal information on this page was verified on October 31, 2026.Medical Malpractice Prevention and Dispute Resolution Law,medical law,Organization and Operation Methods of Medical Dispute Mediation Committee,Ministry of Health and Welfare Medical Precautions Law Resource ZoneAnd relevant provisions of the Civil Code. The application of regulations and individual cases should still be determined based on the actual time of occurrence and currently valid provisions.