1What is 'drug-injury relief'?
Drug-injury relief is a Taiwan's Ministry of Health and Welfare (MOHW) enacted relief system for people that suffered by the proper usage of legal medication, in which resulted in death, disability or severe illness requiring hospitalization (or prolonging of an existing hospitalization).
2Why 'relief' instead of 'compensation'?
The purpose of drug-injury relief is to provide the required help (relief) for drug related injury inflicted person. In MOHW concern, considering the only process for drug injury victim to recover compensation is via litigation, yet due to the complexity of drug related incident and the difficulty to satisfy the burden of proof, slow-moving court process may slow down the immediate aid/relief required by victim. In addition, linked drug company or health care institution may suffer loss of reputation. Drug-injury relief system is created by examining the experience of developed country in approaching drug related incident, combined and tailored to this country. Putting emphasize on 'no fault' approach to relief, so that victim may take initiative to seek relief without worrying about litigation. Any other party found out to be responsible for the drug injury shall be liable for compensation.
3What types of relief plans are available?
Drug injury relief covers death, disability, and severe illness. According to Drug Injury Relief Act article 3(5), disability is defined as "condition conforming to the disable category and level pursuant to the People with Disabilities Protection Act and regulations, except for the condition resulting from mental factors." Article 3(6), severe illness is limited to life threatening illness caused by adverse drug reactions, requiring hospitalization (or prolonging of an existing hospitalization), needs further management for other possible permanent disabilities
4What are the conditions those are not eligible for drug injury relief?
Drug Injury Relief Act article 13 lists the condition not eligible for drug injury relief, which are:
(1)Accountability has been identified. There is factual evidence showing victims, physicians, or pharmaceutical manufacturers (or distributors) are responsible for the liability.
(2)Incident occurred before the implementation of this Act.
(3)Hazards results from statutory inoculation or immunization, in which case relief shall be provided under the other source such as vaccination relief.
(4)Evidence indicates compensation, indemnity, or subsidiary (other than personal life insurance) has already been received for the same incident
(5)Drug-induced adverse reaction does not result in death, disability or serious illness.
(6)Damage caused is due to excess-medication during emergency medical care.
(7)Damage caused is due to use of investigated drugs.
(8)The drug was not used properly according to the indications and efficacy stated on the permit. However, this exclusion does not apply to the drug used in accordance with reasonable, current medical principles and therapeutic appropriateness.
(9)The adverse reactions to the drug are common and expected (foreseeable/ predictable)
(10)Other situations announced by the competent authority.
5How does one apply for drug injury relief?
According to Regulations for Drug Injury Relief Application article 3, the following documents are required when applying for drug injury relief at Taiwan Drug Relief Foundation:
(1)Medical history record before the occurrence of drug injury.
(2)Process and record of hospitalization after the occurrence of drug injury.
(3)Medical certificate issued by medical institution after the occurrence of drug injury.
(4)Documents indicate the health status of the drug injury victims before the occurrence of drug injury.
(5)Proof of relationship between the applicant and the victim.
(6)Copy of receipt indicates the necessary medical expenses of the victim from the occurrence of drug injury issued by medical institution to apply for severe illness payment.
(7)Copy of disability manual or identification, which indicates the victim’s disability, was caused by drug injury to apply for disable payment.
(8)Copy of medical certificate of death, which indicates the victim’s death, was caused by drug injury to apply for death payment.
6Who is the organizer of drug injury relief? How does one contact them?
The organizer of drug injury relief is Taiwan Drug Relief Foundation (TDRF). TDRF was registered on September 24th 2001, established by MOHW to carry out drug relief related tasks. Contact us at:
Address:10F.,No. 22, Aiguo E Rd, Zhongzheng District Taipei City, 100, Taiwan (R.O.C.)
Consultation line:886-2-2358-4097