比較醫療法

• Social Background and Importance of the Issue The proper study of comparative health law requires attention not only to the differences among the laws and legal structures of the nations studied, but also to current health policy issues of international significance. This requires an interdisciplinary approach, incorporating concepts employed in medicine and public health, political science, ethics, and sociology. I aim to engage the class in discussing some of the most controversial legal and policy choices on health-related issues now facing the U.S., Taiwan, Japan, and other advanced nations. Students may find this approach a refreshing change from the doctrinally-oriented courses prevalent at most law schools. • Goals of the Course: ➢ Acquaint students with the different structures of law and litigation and the formulation of health policy in the United States and Japan in comparison with Taiwan and other nations. ➢ Acquaint students with key issues in comparative health law and policy and bioethics, listed below. ➢ Offer each student an opportunity to do original research and make an English-language in-class presentation (critiqued by the instructor and fellow students) on a student-chosen research topic within the scope of course topics, fortifying students’ ability to communicate effectively in English to an intelligent audience on complicated controversial issues. This requirement should assist students’ ability to communicate effectively in every English-language setting on any topic.

It is expected that most students will have prior familiarity with the law of torts and contracts. However, students with a diversity of background and training are welcome. The class would be enriched by the participation of students from fields such as medical science, pharmacy, nursing, and engineering as well as law. Students from outside the College of Law – for example, from health care practice and industry – are welcome to join the class, if seats are available. The class is provisionally limited to 15 students, but I may consider other participants upon application to me.

• Topics To Be Addressed (others may be added at students’ request, if time permits): A. A. Political structure of health policy decision-making in the United States, Japan, and Taiwan B. Medical error and patient safety: How various nations address this major social issue C. Judicial, administrative, and informal structures of medical injury compensation in the U.S., Japan, Taiwan, and students’ home countries D. Public health principles, the coronavirus epidemic, and comparative politics E. Bioethics and law: How each nation addresses issues such as abortion, scarce resources (e.g. vaccines), surrogate and end-of-life decisionmaking, artificial intelligence and privacy protection F. Balancing rapid IT developments and individual privacy protection Students must read the assigned cases and materials before each class, and they must be prepared to discuss the issues in class (in English, but you may help each other with any translation difficulties). I will regularly call on students in class for their views. This is an intensive class with extensive reading requirements, and all students are expected to allot sufficient time to prepare every class assignment. 2. For each class, the Lectures will assign selected students to post (a) at least one comment or question based on the readings and discussion in that class, or (b) a report on one case or article assigned for that class or the next one. These posts, and my responses, will go to all class members. • 課程資訊公告與問題反映 : (E3、助教、資料庫、網站、討論區、補課方式) 課程相關事項將透過E3教學平台適時發布,課程相關問題可透過教師信箱,與所辦行政助理(yychiu@nytu.edu.tw、03-5131587)反應。 科法所在職專班、科法所博班學生符合申請資格者、及科法所學分班學生,可以以下方式上課 : 網路同步教學 : (說明口頭報告、出席率計算方式) • 報告方式 : (線上報告、實體教室報告、錄影報告) : • 出席率計算方式 : (Adobe平台線上登入點名):以登入同步教學平台,線上助教點名為準。 網路非同步教學 : (說明口頭報告、出席率計算方式) • 報告方式 : (線上報告、實體教室報告、錄影報告) • 出席率計算方式 : (回覆E3平台錄影問題、Adobe平台登入紀錄) :  以E3平台上傳的筆記為準,詳如下說明: 每週上課前必須聽完前1週上課錄影內容。為了確保此點按時達成,並且瞭解遠距同學對於上課內容的理解狀況、能否跟上進度等,非同步上課同學在每週上課時間到來之前,必須就上週上課進度撰寫筆記,並上傳E3平台,以取代實際課堂參與,並且代替上課簽到。若當週確有不可避免之情事,無法按時就上週上課進度提出問題,可以事先請假,但必須在事後補上,不得豁免而不提出。若有漏未提出筆記者,少1次扣期末成績1分。有意以此方式上課者,請事先向任課老師以及課程助教登記。

學期作業、考試、評量 1. Students must read the assigned cases and materials before each class, and they must be prepared to discuss the issues in class (in English, but you may help each other with any translation difficulties). I will regularly call on students in class for their views. This is an intensive class with extensive reading requirements, and all students are expected to allot sufficient time to prepare every class assignment. 2. For each class, I will assign students to post (a) at least one comment or question based on the readings and discussion in that class, or (b) a report on one case, article, or topic assigned for that class or the next. These posts, and my responses, will go to all class members. 3. Grades will be assigned in accordance with the following criteria: a) Recorded attendance: 10% b) Participation and performance in class discussions, including post-class comment and question postings: 25% c) Presentation to the class: 25% d) Written final examination: 40% The written final examination may be taken during a 48-hour period of the students’ choice out of the classroom. To acquaint students with the likely nature of final exam questions, an ungraded practice exam is planned midway through the course, followed by a discussion of best answers. • Professor-Student Meetings: I expect to meet by appointment with every student at least once, face-to-face or by video conference, for one-on-one instruction and discussion. Please schedule appointments by contacting me in person or by email, phone, or video call.

• Judicial structure of medical injury compensation
• Medical error and patient safety
• Public health principles, the corona virus epidemic, and international politics
• Bioethics and law
• Balancing rapid IT developments and individual privacy protection
• Nations’ Comparison
• Political structure of health policy decision-making

There is no required textbook. The reading and research assignments, designed to reflect current policy debates and to draw on illustrative cases, statutes, and scholarly commentary, will be posted online or otherwise distributed to the class. Student-provided materials on their countries are welcome.