萬國法律事務所

Birth accidents occasionally occur even when necessary and proper diagnoses, treatments and midwifery measures were adopted in accordance with the professional standards.  Such accidents can result in the rise of serious disputes between patients or their families, doctors and health care facilities.  Therefore, Taiwan's Department of Health (DOH) proposes a "Birth Accident Compensation Project" (the "Project") and plans to promote the Project beginning in 2012.

During the three-year promotion stage of the Project, reimbursement paid to health care facilities from the DOH will be limited to 2 million NT Dollars for any settlement of a birth accident dispute, provided that the cause of the death or disability resultant from the accident is not attributed to the doctor or health care facility.  To be eligible for the reimbursement, health care facilities must settle with the mother or the family of the deceased within 2 years from date on which the accident took place, and must file an application to the DOH within 60 days from the settlement.