Ar cle 1223 Where damage is caused to a pa ent due to a defect in a drug, disinfec on product, or medical
instrument, or due to the transfusion of substandard blood, the pa ent may claim compensa on against the
drug marke ng license holder, or the manufacturer of the drug, or the blood supply ins tu on, or against
the medical ins tu on. Where the pa ent claims compensa on against a medical ins tu on, the medical
ins tu on shall, a er paying compensa on, have the right to indemni ca on against the responsible drug
marke ng license holder, or manufacturer of the drug, or the blood supplier.
Ar cle 1224 Under any of the following circumstances, a medical ins tu on shall not assume liability for
compensa on for any damage caused to a pa ent during diagnosis and treatment:
(1) the pa ent or his close rela ve does not cooperate with the medical ins tu on to go through diagnosis
and treatment which is in compliance with the guidelines therefor;
(2) the medical sta have ful lled their duty of providing reasonable diagnosis and treatment in an emergent
situa on, such as rescuing a terminal pa ent; or
(3) it is di cult to diagnose and treat a pa ent due to the restric on of the then current medical level.
Under the circumstance speci ed in Subparagraph (1) of the preceding paragraph, the medical ins tu on or
its medical sta shall assume corresponding liability for compensa on where they are also at fault.
Ar cle 1225 Medical ins tu ons and their medical sta shall properly enter and maintain medical records
such as hospitaliza on logs, medical orders, test reports, surgical and anesthesia records, pathological data,
and nursing records in accordance with the regula ons.
Where a pa ent requests to examine or make copies of their medical records as provided in the preceding
paragraph, the medical ins tu on shall provide the records in a mely manner.
Ar cle 1226 Medical ins tu ons and their medical sta shall keep their pa ents’ private informa on and
personal informa on con den al. Anyone who divulges the private informa on or personal informa on of a
pa ent or discloses his medical records without the pa ent’s consent shall bear tort liability.
Ar cle 1227 Medical ins tu ons and their medical sta shall not conduct unnecessary examina ons for their
pa ents in viola on of the guidelines for diagnosis and treatment.
Ar cle 1228 The lawful rights and interests of a medical ins tu on and its medical sta are protected by law.
Anyone, who interferes with the order of a medical ins tu on, obstructs the work or life of the medical sta ,
or infringes upon their lawful rights and interests, shall bear liability in accordance with law.
Chapter VII Liability for Environmental Pollu on and Ecological Damage
Ar cle 1229 A tor easor who has polluted the environment or harmed the ecological system and thus
causes damage to others shall bear tort liability.
Ar cle 1230 Where any dispute arises from environmental pollu on or ecological damage,
the actor shall bear the burden to prove that he should not be liable or that his liability could be mi gated as
provided by law, and that there is no causa on between his act and the damage.
Ar cle 1231 Where environmental pollu on or ecological damage is caused by two or more tor easors, the
extent of liability of each tor easor shall be determined according to the factors such as the type,
concentra on, and quan ty of discharge of the pollutants, the way, scope, and degree of damage to the
ecological system, and the impact of the act on the consequences of damage.
Ar cle 1232 Where a tor easor inten onally pollutes the environment or harms the ecological system in
viola on of the provisions of law, resul ng in serious consequences, the infringed person has the right to
request for the corresponding puni ve damages.
Ar cle 1233 Where environmental pollu on or ecological damage is caused owing to the fault of a third
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