人類所有的活動都與法律密不可分，有法律就有「法律責任風險」隨著國人對於「到院前緊急醫療救護」意識的抬頭，對於救護糾紛所造成的法律風險也相對提高。有關醫療之法律議題，大多著重於病患與醫療人員兩者間醫療行為及告知義務的刑事與民事之關係，然而以法學之角度，探討我國到院前緊急醫療救護，所面臨的法律風險卻是不多。本文分別從「我國到院前緊急醫療系統的概況」、「學校護理人員對於法律風險之認知」、「照(居)服員之法律風險」、「民眾救助義務法規之適用性」四個面向，對於緊急醫療救護所面臨的法律風險問題進行討論，希望藉由此研究找出如何降低到院前緊急醫療救護，之法律訴訟及規避法律訴訟之風險，以減輕救護人員未來執行救護勤務時所面臨的訴訟壓力。
All human activities are inseparable from the law, where there is law there is legal risk. With the rise of national awareness on pre-hospital emergency medical care, legal risks caused by medical disputes have relatively increased these days. Legal issues concerning medical practices derive from criminal and civil legal disputes between patients and practitioners on medical procedures as well as practitioner’s duty of disclosure. However, there are few discussions from a legal perspective on legal risks of pre-hospital emergency medical care in Taiwan. Thus, this paper discusses legal risks faced by emergency medical care in four dimensions: an overview of the pre-hospital emergency medical care system in Taiwan, school nurses' cognition of legal risks, legal risks of nursing aides (resident care attendants), and the applicable laws regarding public’s obligation to render aid. This paper aims to find solutions on how to decrease legal risks or to evade pre-hospital emergency medical care lawsuits in order to alleviate the pressure of litigations imposed on medical practitioners when they perform medical procedures in the future.
