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Chapter Law Content

Title: Childbirth Accident Emergency Relief Act CH
Category: Ministry of Health and Welfare(衛生福利部)
Chapter 1 General Provisions
Article 1
To alleviatethe risks towomen during childbirth, a national relief mechanism is established to ensure timely relief forpuerperae, fetuses, and newborns in case of accident during the childbirth process. This Act is enacted to reduce medical disputes, promote the partnership between puerperaeand medical personnel, and enhance the health and safety of women during childbirth.
Article 2
The competent authorities referred to in this Act are the Ministry of Health and Welfare atthe central level, the municipal governments atthe municipal level, and the county (city) governments atthe county (city) level.
Article 3
Terms used in this Act are defined as follows:
1. Childbirth accident: refering to serious harm or death of puerperae, fetuses, and newborns resulting from childbirth.
2. Childbirth accident dispute: refering to a dispute arising from the fact that in the belief ofpuerperae or their family, the medical personnel, medical care institutions or midwiver agenciesmay be responsible for a childbirth accident.
3. Parties concerned: refering to the medical personnel, medical care institutions, midwifery agencies, puerperae, or other people who may legally bring an action due to a childbirth accident dispute.
4. Systematic error: refering to adverse outcomesfrom medical or midwifery behaviors due to structural problems with the organization, system, decision-making, or equipment and facilities of a medical care institution or midwifery agency.
Article 4
Hospitals shall set up a childbirth accident care group to explain to and communicate with puerperae, their family, or representatives and to provide assistance and care service within two working days afterthe occurrence of a childbirth accident.
When childbirth accident disputes occur in a clinic ormidwifery agency, a professional shall be designated to provide the care services mentioned in the previous paragraph.
Members of the childbirth accident care group shall include professionals in law, medicine, psychology, and social work, etc. Wherethepuerpera, her family or representative hascommunication difficulties due tohearing or speech impairment or any other problems, members with relevant training shall be responsible for providing explanation, communication, and care.
The central competent authority shall set upfundsto strengthen care personnel’s training in providing explanation, communication, and care, so that childbirth accident disputes may be resolved more efficiently.
Article 5
In the event of a childbirth accident dispute, the medical care institution or midwifery agency shall provide a copy of personal medical records, all examination reports, NHI medical orders, etc. within three working days upon the request of the puerpera, her family or representative; the information shall be provided within seven working days at the latest if the information is in a large amount.
The cost incurred for copying the information mentioned in the previous paragraph shall be borne by the applicant.
Article 6
During the process of explanation, communication, providing assistance or care services as stipulated in this Chapter, the medical personnel’s or other representative’s regret, apology, or similar statement shall not be used as evidence or basis of judgment for the relevant litigation.